Holmes v. Lansing

1 Cole. & Cai. Cas. 96

Opinion

Per Curiam.

There is a diversity of practice between the king’s bench and common pleas; the court will, therefore, adopt a rule of its own. As the amendment is for the benefit of the plaintiff, it is reasonable he should pay the costs of it: and it is equally reasonable that the defendant should have an opportunity to plead de nova.

The plaintiff, therefore, may amend upon payment of costs and giving an imparlance.