196 Mass. 584 | Mass. | 1907
The objection that the defences of double employment and of fraud were not open under the pleadings was taken by the plaintiff for the first time during the closing argument for the defendant. Requests for rulings to that effect were then drawn up by the plaintiff and presented to the presiding judge who declined to receive them on the ground that they were too late under Rule 48 of the Rules of 1900 of the Superior Court
Before the allowance of the exceptions the defendant moved to amend his answer by setting up fraud and double employment. “ The court found that the amendment did not change the issue tried, or any question of evidence raised at the trial, and that the case had been fully and fairly tried upon the merits, and against the plaintiff’s objection allowed the amendment and the plaintiff excepted.” There can be no doubt of the power of the court to allow an amendment at any time before final judgment. R. L. c. 173, § 48. The plaintiff objects that there was a violation of Rule 5 of the Superior Court
Exceptions overruled.
Now incorporated in Common Law Rule 45.
This is Common Law Rule 5 now in force. The amendment was allowed June 25,1907.