PLEADINGS, PRACTICE AND PROCESS AT LAW. 2377

Where a new trial is granted, the court has power to authorize an amendment 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.
Tucker, 30 Md. 463.

This section is qualified by sec. 45. 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 Furness v. Read, 63 Md. 4.

This section referred to in construing sec. 48—see notes thereto. Clagett v.
Easterday, 42 Md. 626.

This section referred to in construing sec. 153—see notes thereto. Ritter v. Offutt,
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 amendment of plats and certificates of survey in ejectment, see sec. 89.

As to amendments in equity, see art. 16, secs. 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. 20. As to amendments in mag-
istrate appeal cases, see art. 5, sec. 103.

See also secs. 34 and 45.

As to amendments in criminal cases, see art. 27, secs. 550 and 551.

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 35. 1852, ch. 177, sec. 9.

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

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

This section referred to in construing sec. 48—see notes thereto. Clagett v. Easter-
day, 42 Md. 626.

As to continuances, see also sec. 62, et seq.

See notes to secs. 39, 41 and 48.

An. Code, sec. 37. 1904, sec. 37. 1888, sec. 36. 1828, ch. 199. 1845, ch. 54. 1846, ch. 328.

1880, ch. 135.

41. No writ or action shall abate because of the misnomer of any plain-
tiff or defendant named therein, but the court, on suggestion, supported
by the affidavit of the plaintiff or defendant or other proof to the satisfac-
tion of the court that by mistake the plaintiff has sued in a wrong name
or 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 plaintiff or defen-
dant, at the discretion of the court; this section to apply to foreign attach-
ments, cases against corporations, and all other suits and actions.

An amendment of name of an individual defendant held justified upon court's
being satisfied that party summoned as defendant was in fact the party intended
to be sued; leave granted accordingly may not be reviewed by court of appeals.
Abromatis v. Amos, 127 Md. 404.

The name of plaintiff may be amended as freely as any other step in the case.
Striking out judgment after term. Pumpian v. Rice, 135 Md. 366.

This section applied so as to allow correction of defendant corporation's name,
there being two corporations of very similar names. Western Union Tel. Co. v. State,
use Nelson, 82 Md. 306; Abromatis v. Amos, 127 Md. 404.