Thomas's administrator v. United States
United States Court of Claims
On the claimant's Motion. The Reporters’ statement of tbe case: Tbe former decisions of tbe court in this case will be found in 11 O. Gis. K-, 722j 12 ib. 273. Tbe following are tbe words of tbe present motion: “ Motion to amend petition, die.
Read the full summary
On the claimant's Motion. The Reporters’ statement of tbe case: Tbe former decisions of tbe court in this case will be found in 11 O. Gis. K-, 722j 12 ib. 273. Tbe following are tbe words of tbe present motion: “ Motion to amend petition, die. “Mary W. Thomas’ administrator, ) W. Calvin Wells, Uo. 3400. vs. f “The United States. \ “Whereas tbe said Mary W. Thomas was, at tbe time of tbe commencement of this suit, tbe sole executrix of tbe last will ■& testament of John H. Thomas, deee’ed, late a citizen of the United States, residing in Yazoo County, in the State of Mississippi, & was also…
1Dissent
Drake, Ch. J'.,
dissenting:
I cannot concur in the action of the majority of the court on this motion, and will state the grounds of my dissent.
In doing so, I shall treat the matter as if, besides the motion to amend the petition now passed upon, there' were before us, also, a motion to substitute the administrator of John H. Thomas as claimant; for, upon the allowance of the present motion, the case is put in the position of the administrator of Mary W. Thomas suing to recover a claim in favor of John H. Thomas. The motion for substitution must therefore necessarily follow .and be allowed.
Were…
2Cases cited22 opinions
- United States v. GillisSupreme Court of the United States · 1877
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Barnes v. . QuigleyNew York Court of Appeals · 1874
- Haynes v. MorganMassachusetts Supreme Judicial Court · 1807
- Kiphart v. BrennemenIndiana Supreme Court · 1865
17 more not listed; retrieve them via the Exa API.