Rowell v. Bruce
Superior Court of New Hampshire
This was a writ of error brought to reverse a judgment of the court of common pleas in this county. It appeared by the record in the court below, that Truce brought an action against Rowell, and declared against him “ in a plea of the case for that the said Blood, to wit, at said Haverhill, on the 18th October, 1829, by his promissory note, under his hand, of that date, for value received, promised the plaintiff, to pay him, the sum of $20, in goods,at Brewer’s store.
Read the full summary
This was a writ of error brought to reverse a judgment of the court of common pleas in this county. It appeared by the record in the court below, that Truce brought an action against Rowell, and declared against him “ in a plea of the case for that the said Blood, to wit, at said Haverhill, on the 18th October, 1829, by his promissory note, under his hand, of that date, for value received, promised the plaintiff, to pay him, the sum of $20, in goods,at Brewer’s store. And the plaintiff avers, that afterwards, to wit, on the 15th July, 1829, he demanded payment of the note aforesaid, at said…
1Opinion of the CourtRichardson, C. J.
The defendant in error has asked leave to amend his declaration. But this motion cannot be sustained. There is nd doubt that certain defects in a record may be amended after judgment, anda writ of error brought. Thus a verdict maybe amended by the notes of the judge, who tried the cause. 6 Pick. 512, Clark v. Lamb; 8 ditto, 415, Clark v. Lamb.
The form of a judgment may be corrected to amend a mistake arising from a misprison of the clerk of the court. 1 Pick. 351, Atkins v. Sawyer; 5 Burrows, 2730, Short v. Coffin.
It has been decided in the supreme court of the United States, on a writ of…
2Cases cited7 opinions
- The President, Directors and Company of the Bank of the Commonwealth of Kentucky, in Error v. John Ashley and John EllaSupreme Court of the United States · 1829
- Pease v. MorganNew York Supreme Court · 1811
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1816
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813
- Tillotson v. CheethamNew York Supreme Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Rochester v. RobertsSuperior Court of New Hampshire · 1852