Practice, Civil, Amendment. Bankruptcy. It is within the discretion of the judge before whom a case has been tried to refuse to allow the defendant to amend his answer after a verdict has been returned for the plaintiff by setting up the defendant's discharge in bankruptcy granted while the case was pending.
HAMMOND, J.
All the material questions raised in this case are settled in Lane v. Holcomb, 182 Mass. 360. The fact that there was a declaration in set-off is immaterial. It was within the discretion of the court to allow or disallow the motion to amend the answer. And the order for judgment was correct.
Judgment affirmed with double costs.