Francis F. Holt & Co. v. Thacher
Supreme Court of Vermont
Debt on judgment brought at the December Term, 1878. The defendant was therein summoned to answer to Francis F. Holt, Elisha Hazen, Yolney Thurstin, and others, partners in trade under the firm name of F. F. Holt & Co., in whose favor the judgment was alleged to have been rendered. The defendant pleaded that said Thurstin was dead when the action was brought.
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Debt on judgment brought at the December Term, 1878. The defendant was therein summoned to answer to Francis F. Holt, Elisha Hazen, Yolney Thurstin, and others, partners in trade under the firm name of F. F. Holt & Co., in whose favor the judgment was alleged to have been rendered. The defendant pleaded that said Thurstin was dead when the action was brought. The plaintiffs moved to amend by omitting the name of said Thurstin as one of the plaintiffs, and alleging that he died after the rendition of the judgment declared on; and the amendment was allowed ; to which the defendant excepted. The…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is insisted that the amendment which was allowed, leaving out the name of Yolney Thurstin as one of the plaintiffs, could not legally be made, for the reason that it changed the parties to the action. It appears by the amended declaration, that Thurstin was one of the partners in whose name the judgment now declared upon was rendered, and had since the rendition of that judgment deceased. The amendment struck from the record the name of a party who was not in existence at the time this suit was commenced, and left it to be proceeded with in…
2Cases cited2 opinions
- Emerson v. WilsonSupreme Court of Vermont · 1839
- Kimball v. Town of NewportSupreme Court of Vermont · 1874
3Cited by5 opinions
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- Thorp v. RobbinsSupreme Court of Vermont · 1895
- Howard v. Landsberg's CommitteeSupreme Court of Virginia · 1908
- Pugh v. McCueSupreme Court of Virginia · 1890
- J. I. Case Threshing Mach. Co. v. PedersonSouth Dakota Supreme Court · 1894