Smith v. School District No. 57
Superior Court of Delaware
The above action was originally brought against “Charles T. Wheatly and Daniel Hitchens, Commissioners, and John E. James, Clerk, the committee of School District No. 57 in Sussex County, Delaware.” Prior to the trial plaintiff’s counsel moved to amend their narr by striking out in the caption the words, “Charles T. Wheatley and Daniel Hitchens, Commissioners, and John E. James, Clerk, the Committee of.” Ency.
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The above action was originally brought against “Charles T. Wheatly and Daniel Hitchens, Commissioners, and John E. James, Clerk, the committee of School District No. 57 in Sussex County, Delaware.” Prior to the trial plaintiff’s counsel moved to amend their narr by striking out in the caption the words, “Charles T. Wheatley and Daniel Hitchens, Commissioners, and John E. James, Clerk, the Committee of.” Ency. PI. and Pr., 340 (under “Misdescription of Defendant”); Walker vs. School District No. 7, New Castle County, 2 Houst., 21.
1Opinion of the Court
Dore C. J:—
The application is to amend the narr by striking out the names of the committee, so that the action will be against School District No. 57 in Sussex County. Without passing upon the question as to whether or not your suit is properly brought,' we will allow the amendment proposed. The other question is a matter to be determined hereafter.
The amended narr recited in substance the facts hereinafter set forth, but contained no allegation that said school district, the defendant, was a corporation of the State of Delaware.
The case came on for trial upon the following pleas : Non…
2Cases cited12 opinions
- Athearn v. Independent District of MillersburgSupreme Court of Iowa · 1871
- Reubelt v. School TownIndiana Supreme Court · 1886
- Gillis v. SpaceNew York Supreme Court · 1872
- Connelly v. PierceNew York Supreme Court · 1831
- Board of Commissioners v. ChitwoodIndiana Supreme Court · 1857
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