Grave consultation by the learned
lawyers and the judge ensues. The defendant's lawyer is right, there
is nothing in the pleadings about the elbow.
The case can not go on until that important question is settled. There
is argument on both sides. The client looks anxious. The jury sit and
wonder what that phrase of "the delay of the law" may mean. Finally a
bright idea occurs to the lawyer.
"I move to amend, your Honor, so as to include the elbow." The other
side looks shocked and disgusted. "What, move to amend in such a
casual way as that. The pleading is a serious thing. It has been sworn
to, you may not amend a sworn statement in that offhand way." The
judge says that he will allow the amendment but if the other side is
surprised he will grant an adjournment of the trial to another day.
The other side says, "Pardon me a moment until I consult with my
client." The judge smiles. The lawyer goes over to his client and the
client says, "For goodness' sake don't adjourn. I've broken up my
business for a week to come here now; what's all this fuss about
pleadings; let's get on with the case." The lawyer returns to the bar.
"We have decided to proceed."
"Amendment allowed," says the judge.
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