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Decisions of the Superior Courts of New South Wales, 1788-1899

Delcambre v Kettle (1835) NSW Sel Cas (Dowling) 890; [1835] NSWSupC 100

civil procedure

Supreme Court of New South Wales

Forbes C.J., Burton and Dowling JJ, 7 March 1835

Source: Dowling, Select Cases, Vol. 4, S.R.N.S.W. 2/3464, p. 38

After notice of trial, plaintiff allowed in replevin to amend his declaration by altering the name of the loci in quibus upon payment of costs.

These were replevin causes, and the issues having been made up and notice of trial given, an application was now made to amend the declaration by altering the loci in quibus, the taking and distraining took place upon payment of costs. Foster resisted the application as unprecedented, but

The Court allowed the amendment upon payment of the defendants costs up to the present time. (S. Stephen for the plaintiff.)

Published by the Division of Law, Macquarie University