Burrows v. Heysham
Supreme Court of the United States
Scire Facias against the bail, and the judgment removed by writ of error. Upon the issuing of a certiorari to bring up the record, the plaintiffs moved to amend the scire facias by the record, substituting September, 1782, for December 1781. Tbe motion had been argued at tbe last term, and now came on for a second argument.
1Opinion of the Court
On tbe 20th of August, tbe President delivered tbe opinion of tbe court.
Shippen, President.
As it has not been made any part of tbe argument, that tbe power of tbe court to amend, is not tbe same as it was before tbe action was removed, we shall determine tbe question as we should have done, if the writ of error bad not been brought. Upon tbe liberal principles of modern practice, therefore, and indeed, for tbe honor of common sense, we think it incumbent upon us to direct tbe scire facias to be amended by tbe record. Besides the cases in tbe books (particularly that in Barnes 6, Sweetland v.…
2Cases cited2 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Mayor v. MasonSupreme Court of the United States · 1803
3Cited by4 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Wampler v. ShisslerSupreme Court of Pennsylvania · 1841
- Mitchell v. HewittMississippi Supreme Court · 1845
- Rainey v. CommonwealthSupreme Court of Pennsylvania · 1840