524 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

not to give sufficient notice to the opposite party of the evidence
to be offered in support of it.

PRACTICE.

23. In all suits and actions at law, any of the proceedings, in-
cluding the writ or summons, (may be amended so that such case
may be tried on its real merits and the purposes of justice sub-

served; writs may be amended from one form of action to an-
other, when the ends of justice require it; and any amendment
may be made at any time before the jury retire to make up
their verdict, in cases of jury trial, and in cases of demurrer
and other trials before the court, at any time before judgment
is entered.

24. No continuance shall be granted, upon amendments of the
plots, writs or any of the proceedings, but the case shall proceed
as if no amendment had been made, unless the court shall be
satisfied that the ends of justice require a continuance.

25. No writ or action shall abate or be discontinued because
of the misnomer of any defendant named therein, but the court,
on suggestion supported by the affidavit of the plaintiff, or other
proof to the satisfaction of the court, that the party summoned
in virtue of said writ or action is in fact the party intended to
be sued by such writ or in such action, may at any time before
judgment, direct the writ or any of the proceedings to be
amended by inserting therein the true name of any defendant,
at the discretion of the court. This section to apply to foreign
attachments, cases against corporations, and all other suits and
actions.

26. If there be a non-joinder or misjoinder of plaintiffs, the
court may allow an amendment by which a plaintiff may be
added or stricken out, as the case may require.

27. If there be a misjoinder or non-joinder of defendants, the
court may allow a defendant to be stricken out or added, as the
case may require; but if a new defendant be added, he shall be
summoned and have the same time to plead as if a new action
were brought against him.

28. Amendments for misjoinder or non-joinder of either plain-
tiff or defendants may be made at any time before the jury retire,