Valley Paper Co. of Mass. v. Smalley

Citation2 Marv. 289,43 A. 176
PartiesVALLEY PAPER CO. OF MASSACHUSETTS v. SMALLEY.
Decision Date30 November 1896
CourtSuperior Court of Delaware
43 A. 176
2 Marv. 289

VALLEY PAPER CO. OF MASSACHUSETTS
v.
SMALLEY.

Superior Court of Delaware. Newcastle.

Nov. Term, 1896.


Action by the Valley Paper Company of Massachusetts against William F. Smalley. Motion by defendant for leave to amend his affidavit of defense by supplying the notary's seat which the notary had neglected to affix. Denied.

Mr. Pennington and Mr. Vandegrift, for plaintiff.

W. S. Hilles, for defendant.

LORE, C. J. We have considered this application to amend this affidavit, and, after such careful consideration as we could give it, the court do not think, under our practice, and under the law as we understand it, that leave to amend the affidavit ought to be granted. We therefore decline to allow leave to amend. This matter of amending affidavits has come before this court once or twice since I have been on the bench, and, aside from what we think would be a very dangerous thing, my recollection is that the court have uniformly refused to permit an affidavit to be amended. The party binds himself by his affidavit and attorneys must be very careful how they file them. I think the court, in this...

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