Gormley v. Bunyan
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT OF ILLINOIS. This was an action of assumpsit, brought on the 24th of December, 1886, by James Bunyan and James Meehan, executors of the last will and testament of Edward Clark, deceased, citizens of New York, against Michael Gormley and Morton Culver, citizens of Illinois; to recover a balance due on a certain promissory note dated at' Chicago, May 15, 1877, and due in three years, with interest at 9…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT OF ILLINOIS. This was an action of assumpsit, brought on the 24th of December, 1886, by James Bunyan and James Meehan, executors of the last will and testament of Edward Clark, deceased, citizens of New York, against Michael Gormley and Morton Culver, citizens of Illinois; to recover a balance due on a certain promissory note dated at' Chicago, May 15, 1877, and due in three years, with interest at 9 per cent per annum, payable semi-annually • until due, and 10 per cent thereafter, at the Chemical Bank of New York, made…
1Opinion of the CourtJustice Lamar
The first three assignments of error cover the whole case, and are as follows:
The first is, that the court erred in refusing to allow the plaintiff in error to file the several pleas of non est fact am, statutes of limitation, payment and set-off. The reply to this is, that as long ago as Mandeville v. Wilson, 5 Cranch, 15, 17, and as late as Chapmam, v. Barney, 129 U. S. 677, it has been held that the granting or refusal of leave to file an additional plea, or to amend one already filed, is discretionary with the court below, and not reviewable by this court, except in a case of gross abuse…
2Cases cited2 opinions
- Chapman v. BarneySupreme Court of the United States · 1889
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
3Cited by48 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Willard v. WoodSupreme Court of the United States · 1896
- Aetna Casualty & Surety Co. v. AbbottCourt of Appeals for the Fourth Circuit · 1942
- Cceur d'Alene Lumber Co. v. ThompsonCourt of Appeals for the Ninth Circuit · 1914
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
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