Wiggin v. Veasey
Supreme Court of New Hampshire
This was scire facias upon a judgment of the court of common pleas, Carroll county, May term, 1857, in which it was described as a judgment for $198.81, and costs $18.88. At the April term, 1861, the plaintiff, against the defendant’s exception, was allowed to amend the original record by making it a judgment as of mortgage, with a condition for the payment of the above sums; and, also, to amend the writ of scire facias to conform to the amended record.
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This was scire facias upon a judgment of the court of common pleas, Carroll county, May term, 1857, in which it was described as a judgment for $198.81, and costs $18.88. At the April term, 1861, the plaintiff, against the defendant’s exception, was allowed to amend the original record by making it a judgment as of mortgage, with a condition for the payment of the above sums; and, also, to amend the writ of scire facias to conform to the amended record. The defendant then moved for a continuance, on the ground that the amendment introduced a new cause of action; but the motion was denied and…
1Opinion of the CourtBellows, J.
The power to amend the record of the judgment, where there is any thing to amend by, even after the lapse of many years, is unquestionable. Chamberlain v. Crane, 4 N. H. 115, and cases; Wendell v. Mugridge, 19 N. H. 109; Mechanics Bank v. Minium, 19 Johns. 244; Emery v. Barry, 28 N. H. 473; Leighton v. Lord, 29 N. H. 237. And nothing being shown to render the exercise of this power improper in the case before us, it must be taken that the discretion conferred upon the judge who tried the cause, has been properly exercised, and that it was made to appear that the scire facias was originally…
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- Cleaver v. Kirk's heirsCourt of Appeals of Kentucky · 1860
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