248 CASES IN THE SUPREME COURT Brown vs. Cribbs. PECIMBER BROWN VS. CRIBBs. Under see. 113„, ch. 133, Gould's fig., the court has a diseretion in permitting amendments, before final judgment, and without costs ; and that discretion was properly exercised where the damages laid in the declaration, from long delay, were not enough.
2$0 CASES IN THE SUPREME COURT Brown vs. Cribbn' LDEormann The first point raised by the assignment of errors is, that the circuit court erred in permitting the plaintiff to amend his declaration without terms ; and second, that the court erred in not taxing the plaintiff with the costs prior to the amendment. Both of theee points assigned for error come within the provis-iota of section 11a, chap. 133, of the Digest-ot laws of this state. Thitt section says " The court in which any action may be pending shall have power to amend any process, pleading or proceeding in such action either in form or substance, for the furtherance of justice, on such terms as may be just, at any time before Anal judgment rendered therein." The circuit court then had the power, under this section of our statute, to exercise a discretion in permitting this amendment to be made, and also in rendering the judgment for costs : and we think the circuit court exercised a sound legal discretion in permitting the amendment. We can hardly imagine a stronger case that could be presented to the court for the exercise of its power in permitting amendments, than the one we gather from the record in this ease. The plaintiff had properly brought his suit five years before the judgment was rendered, had laid his damages at such sum as he might reasonably expect would be sufficient when the case was tried, yet from delays and the natural effiux of time, they were found not to be enough, and therefore, his proposition to amend, before the final judgment, was just and proper ; and we think that the circuit court did not err in permitting the amendment to be made and rendering the judgment for the costs. The judgment of the circuit court is affirmed.
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