case pierce versus grove June SC Amb the court will not allow a defendant to  amend a answer by strike out of it the admission of a fact by which the  plaintiff will be deprive of the benefit of this evidence especial as he do  not swear he be surprise into it or ill advice in set it forth vide wharton v  wharton atk Patterson v slaughter Amb Mr attorney general move to amend a  answer by strike out the offer of the defendant bring in his share into  hotchpot upon a miscomputation of the father estate atkins er p atkins Lord  chancellor whatever may be the right of the party it be impossible to suffer  the defendant to amend his answer in the manner he desire for it will be of  dangerous consequence it be true at law they will allow you to amend but it be  in matter of form only here it be a extreme different thing for it be a  admission of fact as that thirteen hundred pound advance by the defendant  father in his lifetime be a full advancement and though if the certainty of  the sum appear a child be not preclude from the residue of the orphanage share  if he will bring the sum before advance into hotchpot yet he may be bind by  any agreement between he and his father that this money so advance shall be in  full a d bar he of the residue of his orphanage share it will be strange  therefore to strike out this admission and deprive the plaintiff of the  benefit of this evidence when the defendant do not swear that he be surprise  into this admission or ill advice in set it forth I distinguish between a  admission of a fact and a admission of a consequence in law or a consequence  in equity if it have be so the party will not have be bind by it there be  several admission of party where the defendant have be mistake in his point of  law and yet shall not be bind by it because the court be to judge of the law  as in the case of a special verdict if the jury make a wrong conclusion the  court be not bind but will judge by the fact id as to a writ of error where  error in law be assign and the defendant come in and admit the error yet the  court be not bind by the admission but will determine accord to their own  judgement whether it be error in law Lord Hardwicke deny the motion