Nelson v. Barker
U.S. Circuit Court for the District of Illinois
[This was an action by Nelson against Barker and Stewart.]
1Opinion of the Court
OPINION OP THE COURT. This was an action of assumpsit to which the defendants filed a plea of misnomer. And the plaintiff moved for leave to amend the writ and declaration. This was objected to on the ground that there was nothing to amend by. At common law the court could give leave to amend only where there was something to amend by. And anciently amendments were required to be made at the term at which the error occurred; but now an amendment may be made at any time before judgment, and, in some cases, after judgment.
In the case of Randolph v. Barret, 16 Pet. [41 U. S.] 141, the court held…
2Cited by8 opinions
- In Re WightSupreme Court of the United States · 1890
- Bilansky v. StateSupreme Court of Minnesota · 1859
- Vance v. Railway Co.West Virginia Supreme Court · 1903
- Angelina R. Eberly and Peyton Lytle, by His Next Friend, A. B. Eberly, in Error v. Lewis Moore and Charles RaylonSupreme Court of the United States · 1861
- Gay v. JoplinU.S. Circuit Court for the District of Eastern Missouri · 1882
3 more not listed; retrieve them via the Exa API.