Equity Pleading and Practice. Discretion of Court. Practice, Civil, Double costs.
The refusal of leave to file an amendment to an answer in a suit in equity is within the discretion of the court.
Where it appears on the record of a case reported from the Superior Court that a final decree was entered for the plaintiff from which the defendant did not appeal, the decree of the Superior Court must stand.
R.L.c. 156, § 13, providing for double costs on frivolous appeal or exceptions, probably does not apply to a case coming up on report.
HOLMES, C.J.
If the report of the justice of the Superior Court is properly before us, there is nothing in it to show that his discretion was wrongly exercised in denying the defendant leave to amend. There is no appeal. Therefore, whether the report is properly before us or not, the decree of the Superior Court must stand. The motion for double costs is overruled, as it is at least doubtful whether the statute can be extended to cover this case. R.L.c. 156, § 13.
Decree to stand.