162 Mass. 300 | Mass. | 1894
The rights of parties are generally determined as of the time when the action is begun. And it is necessary that it should be so. That the rule is not an invariable one, however, is shown by the numerous instances in which, by the plea of puis darrein continuance, facts occurring after the commencement of the action are set up and allowed to operate in bar of it. And it is expressly provided by Pub. Sts. c. 167, § 26, that “ an answer or replication may allege facts which have occurred since the institution of the suit.” If a declaration, answer, or replication has been filed, a supplemental one may be made by leave of court, alleging material facts that have occurred since the former declaration, answer, or replication. The statute is wider in its scope than the plea of puis darrein continuance. Strictly speaking, that can only be availed of in
Exceptions overruled-