Butcher v. Bank of Brownsville
Supreme Court of Kansas
Error from, Atchison Coimty District CJowrt. The facts of the case sufficiently appear in the subjoined opinion of the Court. 1st. The Court erred in permitting the plaintiff to insert the word “ petition ” in the original pretended petition on file. The Court had the undoubted right to permit the plaintiff to amend his petition. But the amendments cannot be made by interlineation of matter of substance, though clerical errors may thus in some cases be cured.
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Error from, Atchison Coimty District CJowrt. The facts of the case sufficiently appear in the subjoined opinion of the Court. 1st. The Court erred in permitting the plaintiff to insert the word “ petition ” in the original pretended petition on file. The Court had the undoubted right to permit the plaintiff to amend his petition. But the amendments cannot be made by interlineation of matter of substance, though clerical errors may thus in some cases be cured. It is not a petition without the word “petition” following the names of the parties. The word petition is now made matter of substance…
1Opinion of the Court
By the Court,
Kingman, J.
The Bank of Brownsville brought a suit in the District-Court of Atchison County, against the plaintiff in error, *79on a judgment of the Court of Common Pleas of the State of Pennsylvania.
To the petition, the defendant Butcher interposed a demurrer, an answer and a.motion to strike the case from the files of the Court, all filed at once under a rule of the Court then existing. The motion to-strike the case from the files was first taken up. The grounds of it were that the plaintiff had omitted to insert the word petition after the title of the cause. The plaintiff…
2Cases cited1 opinion
- Thomas v. RobinsonNew York Supreme Court · 1829
3Cited by24 opinions
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- Mastin v. GraySupreme Court of Kansas · 1878
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Peet & Co. v. HatcherSupreme Court of Alabama · 1895
- Clark Lumber Co. v. PassigSupreme Court of Kansas · 1959
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