Samuel Nelson, The Mabey — Opinion of the Court
“ Many of the cases bearing on this subject are cases of amendment in the appellate court by adding new allegations and giving new proofs. [2] But they involve the practice applicable to motions simply to examine witnesses in the appellate court. There can be no substantial amendment in this court; but if the pleadings or evidence are so defective that no decree can be founded upon them, and the case appear to have merits, the court will reverse the decree and remand the cause to the court below with directions to permit amendments and further proofs. ”
