Tyler v. Mutual District Messenger Co.

There is a motion in this case to dismiss the appeal, and that motion must be sustained.

*268The appeal is taken from an order allowing an amendment to be made of the declaration after plea in abatement filed for misnomer of the defendant. This amendment was allowable under the general terms of Section 954, R. S. U. S., which declares'that the courts of the United States “ may at any time permit either of the parties to amend any defect in the process or pleadings, .upon such conditions as the court shall, in its discretion and by its rules, prescribe.” This section is remedial, and, it has been…