AMENDMENT

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AMENDMENT

AMENDMENT

AMENDMENT, practice. The correction, by allowance of the court, of an error committed in the progress of a cause. 2. Amendments at common law, independently of any statutory provisionon the subject, are in all cases in the discretion of the court, for thefurtherance of justice they may be made while the proceedings are in paper,that is, until judgment is signed, and during the term in which it issigned; for until the end of the term the proceedings are considered infieri, and consequently subject to the control of the court; 2 Burr. 756; 3Bl. Com. 407; 1 Salk. 47; 2 Salk. 666 ; 8 Salk. 31; Co. Litt. 260; and evenafter judgment is signed, and up to the latest period of the action,amendment is, in most cases, allowable at the discretion of the court undercertain statutes passed for allowing amendments of the record; and in latertimes the judges have been much more liberal than formerly, in the exerciseof this discretion. 3 McLean, 379; 1 Branch, 437; 9 Ala. 647. They may,however, be made after the term, although formerly the rule was otherwise;Co. Litt. 260, a; 3 Bl. Com. 407; and even after error brought, where therehas been a verdict in a civil or criminal case. 2 Serg. & R. 432, 3. Aremittitur damna may be allowed after error; 2 Dall. 184; 1 Yeates, 186;Addis, 115, 116; and this, although error be brought on the ground of theexcess of damages remitted. 2 Serg. & R. 221. But the application must bemade for the remittitur in the court below, as the court of error must takethe record as they find it. 1 Serg. & R. 49. So, the death of the defendantmay be suggested after errer coram nobis. 1 Bin. 486; I Johns. Cases, 29;Caines' Cases, 61. So by agreement of attorneys, the record may be amendedafter error. 1 Bin. 75; 2 Binn. 169. 3. Amendments are, however, always limited by due consideration of therights of the opposite party; and, when by the amendment he would beprejudiced or exposed to unreasonable delay, it is not allowed. Vide Bac. AbCom. Dig. h.t.; Viner's. Ab. h.t.; 2 Arch. Pr. 200; Grah. Pt. 524; Steph.Pl. 97; 2 Sell. Pr. 453; 3 Bl. Com. 406; Bouv. Inst. Index, h.t.

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