1656 PLEADINGS, PEACTICE AND PEOCESS AT LAW. [ART. 75

208; Ritter v. OfEutt, 40 Md. 211; Pendergast v. Reed. 20 Md. 403; Garrett
v. Dickerson, 19 Md. 448.

The allowance of an amendment, provided it is within the power of the
court, is not the subject of appeal. How amendments may be made. Scarlett
v. Academy of Music, 43 Md. 208. And see Staley v. Thomas, 68 Md. 442;
Lohrfink v. Still, 10 Md. 530; Thillman v. Neal, 88 Md. 529; Mitchell v. Smith,
4 Md. 406. Cf. Union Bank v. Ridgely, 1 H. & G. 324; Schulze v. Fox, 53
Md. 43.

This section referred to in deciding that where a party has a choice
between two alternative forms of action and adopts one of them but dis-
misses the action before judgment, he may afterwards resort to the other
form of action. Bolton Mines Co. v. Stokes, 82 Md. 63.

An amendment of the affidavit before a notary, and the warrant of the
Justice to the clerk, in attachment cases, are not within the purview of this
section. (See article 9, section 28). Halley v. Jackson, 48 Md. 260.

The right of the sheriff to amend his return and the right of interested
parties to have it amended, is a common law right not dependent upon this
section. Main v. Lynch, 54 Md. 669; Berry v. Griffith, 2 H. & G. 337.

This section referred to in deciding that limitations might be pleaded to
an amended declaration. Schulze v. Fox, 53 Md. 43. Cf. Western Union Tel.
Co. v. State, use Nelson, 82 Md. 306.

Permission to amend does not per se amount to an amendment. Lohrfink
v. Still, 10 Md. 535.

Where a new trial is granted, the court has power to authorize an amend-
ment of the pleadings. Gordon v. Downey, 1 Gill, 53.

This section referred to in deciding that an application for removal was
too late. Adams Express Co. v. Trego, 35 Md. 61.

This section referred to in overruling a motion in arrest of judgment.
Vernon v. Tuckeri 30 Md. 463.

This section is qualified by section 41. Wright v. Gilbert, 51 Md. 153.

For a case involving the effect of an amendment upon the liability of a
bond given to dissolve an attachment, see Furnesa v Read, 63 Md. 4.

This section referred to in construing section 44—see notes thereto. Clagett
v. Easterday, 42 Md. 626.

This section referred to in construing section 144—see notes thereto. Rit-
ter v. OfEutt, 40 Md. 211.

For a case now apparently inapplicable to this section by reason of changes
in the law, see Stoddert v. Newman, 7 H. & J. 256.

Cited but not construed in Washington, etc.. Steam Packet Co. v. Sickles,
24 How. 333.

As to the amendment of plats and certificates of survey in ejectment cases,
see sec. 84.

See also, sections 30 and 41.

As to amendments in equity, see art. 16, sections 17 and 18.

As to amendments in attachment cases, see art. 9, sec. 28.

As to amendments in mechanics' lien cases, see art. 63, sec. 41.

As to amendments of writs of error, see art. 5, sec. 18. As to amendments
in magistrate appeal cases, see art. 5, sec. 97.

1904, art. 75, sec. 36. 1888, art. 75, sec. 35. 1860, are. 75, sec. 24.
1852, ch. 177, sec. 9.

36. 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.

Amendments which do not change the substance of the issues may be made
after the jury is sworn, without withdrawing a juror. Garrett v. Dickerson,
19 Md. 449.

This section referred to in construing section 44—see notes thereto. Clagett
v. Easterday, 42 Md. 626.

As to continuances, see also, sec. 58, et seq.
See notes to sections 35, 37 and 44.