Cirwithin v. Mills

Citations

• 16 Del. 232

Syllabus

<p>Practice. Amendment.—Where a plaintiff sues an agent for another, he may be permitted to amend, on payment of the costs of the term, after closing his case, by striking out the agency and making himself a plaintiff in his own right; but on the statement of counsel that the defendant is surpassed and has a good defence to the case as it stands after amendment, a juror will be withdrawn and the case continued.</p> <p>Evidence. Statute of Limitations.—In an action by an administrator the declarations of the decedent are admissible for the purpose of removing the bar of the statute of limitations.</p>