In any hearing on the estate of an insolvent debtor or a deceased person before commissioners, or before the Superior Court on appeal from the actions of the commissioners, the claimant may amend any defect, mistake or informality in the statement of the claim, provided that he does not change the ground of action. Any such amendment in the Superior Court shall be upon such terms as to costs as the court directs.
(1949 Rev., S. 7853; P.A. 76-436, S. 126, 681; P.A. 82-160, S. 54.)
History: P.A. 76-436 deleted references to unspecified courts other than superior court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.
Amendment held improper as changing the ground of action. 62 C. 373. Substitute statement of claim held allowable. 72 C. 172. “Ground of action” refers to the real object of the creditor in presenting his claim. 73 C. 585; 81 C. 433; Id., 441; 101 U.S. 263. Cited. 124 C. 51. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
Cited. 13 CS 327. Great latitude is allowed court in permitting amendments. 15 CS 34. Cited. 22 CS 247.
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