Maynard v Hopkins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 798
COURT OF KING'S BENCH
Maynard
and
ers. Hopkins
maynaed vers. hopkins. An amendment cannot be of a matter, which, as it stands, is a discontinuance without consent. A demurrer to a plea in abatement, concluded with praying judgment of the action. Upon a rule to shew cause, why the plaintiff should not have leave to amend the demurrer, by making it conclude with praying judgment of respondeas ouster, the amendment was consented to upon payment of costs; and a rule was made for leave to amend. But it was, by the express order of the Court, inserted in the rule, that the amendment was consented to. And Denison J. said ; that if there had not been a consent, it is very doubtful, whether the Court could have given leave to amend; because the demurrer, as it now stands, is a discontinuance. He likewise mentioned the case of...
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