Jackson v. Kough — 1 Cole. & Cai. Cas. 230

Majority

p. 230

Jackson, on the demise of Finch and others, v. Johan nis Kough.

Headnote

DECLARATIONS had been served in these _ causes nearly six years ago.

Van Vechten

moved to amend by inserting several demises from different lessors.

Metcalf

opposed it on the ground that it might vary the tenant’s defence.

Van Vechten observed,

that in the Warren-Bush cases, the same thing had been done. If the defendant relinquish his defence, then all the costs heretofore incurred are to be paid; if he abide by it, then there is no injury done. The costs in the first case

p. 231

must be paid up to the day. This the plaintiff is willing to do, and accept any plea so that the cause might be brought on at the next circuit.

Amend on those terms.