John Marshall,
Walden Denn v. Craig — Opinion of the Court
“ Does a writ of error lie to the refusal to grant this amendment?It has been truly said in argument, by the counsel for the plaintiff in error, that the power of amendment is extended at least as far in the 32d section of the judiciary act, as in any of the British statutes; and that there is no species of action to which the discretion of the Court in this respect ought to be more liberally applied than to the action of ejectment. The proceedings are all fictitious, fabricated for the mere purposes of justice, and there is every reason for allowing amendments in matters of mere form. ”
