Elting v. Campbell

HALL, District Judge.

As the defendants do not object to the amendment, upon condition that there shall be a new trial, it is not necessary to examine the question whether the court has power, in its discretion, to grant the amendment asked. This will be taken for granted, and the only question will be as to the terms and conditions upon which the amendment should be allowed.

The practice in this court is substantially that of the supreme court of the state under the constitution of 1S21 and the Revised Statutes; and, although the question in this case may be regarded as one depending upon the…