gno.law

Lestrade v. Barth

California Supreme Court · · 1861-07-01 · Published · 17 Cal. 285

LESTRADE v. BARTH

Area
civil
Panel
Joseph G. Baldwin (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Baldwin

Baldwin, J. delivered the opinion of the Court Cope, J. concurring.

The order is affirmed on the authority of Peters v. Foss (16 Cal. 357). We have repeatedly held that it is within the power of the Court below to grant amendments whenever, at any stage of the trial, they are necessary to the purposes of justice. This power should be liberally exercised to secure a fair and speedy trial on the merits, and we do not feel disposed to interfere with the action of the Court below in the exercise of this discretion.

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