
    Thompson v. Steam Mill Co.
    An amendment of a declaration in an action at law, alleging a cause of action arising after the date of the writ, is not allowed.
    Assumpsit, for logs sold and delivered. The plaintiff moved for leave to file a count in trover for the same logs, alleging the conversion on a day subsequent to the date of the writ.
    
      Ladd Fletcher and Bingham 8f Aldrich, for the plaintiff.
    Ray, Brew, Jordan Carpenter, for the defendants.
   Clabii, J.

The cause of action alleged in the proposed amendment was not in existence at the date of the writ. An amendment, when made, relates back; and a writ after amendment stands as if the matter of the amendment had been incorporated into it at the time it was instituted. Whittier v. Varney, 10 N. H. 291, 303. A declaration, stating facts essential to the maintenance of the action to have happened after the date of the writ, is insufficient, and an amendment alleging a cause of action arising after the commencement of the suit is not allowed.

Amendment disallowed.

Smith, J., did not sit: the others concurred.  