Join our Law Notes WhatsApp Group and stay updated with Legal and Judicial Updates

Amendment

From Lawnotes.in
Jump to:navigation, search

A change, ordinarily for the better. Musher v. Perera, 162 Md. 44, 158 A. 14, 15. An amelioration of the thing without involving the idea of any change in substance or essence. Van Deusen v. Ruth, 343 Mo. 1096, 125 S.W.2d 1, 3.

Any writing made or proposed as an improvement of some principal writing. Ex parte Woo Jan, D.C.Ky., 228 F. 927, 941; Couch v. Southern Methodist University, Tex.Civ.App., 290 S.W. 256, 260.

In legislation, it is a modification or alteration proposed to be made in a bill on its passage, or an enacted law; also such modification or change when made. Brake v. Callison, C.C.Fla., 122 Fed. 722; State v. MacQueen, 82 W.Va. 44, 95 S.E. 666, 668.

It is to be distinguished from a "substitute for a bill." In re Ross, 86 N.J.Law, 387, 94 A. 304, 306. It is an alteration in the law already existing, leaving some part of the original still standing. State ex inf. Crain ex rel. Peebles v. Moore, 339 Mo. 492, 99 S.W.2d 17, 19. To effect an improvement or better carry out the purpose for which statute was framed. State ex rel. Foster v. Evatt, 144 Ohio St. 65, 56 N.E.2d 265, 282. And it includes additions to, as well as corrections of, matters already treated. Christian Feigenspan, Inc., v. Bodine, D.C.N.J., 264 F. 186, 190. See, also, State v. Fulton, 99 Ohio St. 168, 124 N.E. 172, 175.

In practice it is the correction of error committed in progress of a cause. Lintott v. McCluskey, 105 N.J.Eq. 354, 148 A. 161, 164. The correction of an error committed in any process, pleading, or proceeding at law, or in equity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pending. 3 Bl.Comm. 407, 448; 1 Tidd, Pr. 696. Hardin v. Boyd, 113 U.S. 756, 5 Sup.Ct. 771, 28 L. Ed. 1141.

An amendment to a pleading, as distinguished from a "supplemental pleading" ( q. v.), has reference to facts existing at the time of the commencement of the action. Fisher v. Bullock, 198 N.Y.S. 538, 540, 204 App. Div. 523. And it is the correction of some error or mistake in a pleading already before the court. Pantaleo v. Colt's Patent Fire Arms Mfg. Co., D.C.N.Y., 13 F.Supp. 989, 990.

Related Cases / Recent Cases / Case Law