Holmes v. Lansing — 1 Cole. Cas. 92

Majority

p. 92

Holmes and another vs. Lansing.

Headnote

EMOTT moved to amend the declaration after plea pleaded, which was granted, but a queftion now arofe, whether the defendant is entitled both to an imparlance and to coils: vide Str. 950. Dallas 465. where it is faid he fhall only have his election of one; but in 2 Blackft. Rep. 785. he had both.

There is a diveriity of pradlice between the King’s Bench and Common Pleas;

p. 93

.the Court will therefore adopt a rule of its own. As the amendment is for the benefit of the plaintiff, it is reafonable he ihould pay the coils of it: and it is equally reafonable that the defendant ihould have an opportunity to plead de novo.

The plaintiff therefore may amend upon payment of coils and giving an imparlance.