Greeley v. Smith
U.S. Circuit Court for the District of Maine
This is an action of trover, for two thirds of a certain brig, called the Walsan, and of two thirds of a certain other brig, called the Alfred.
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This is an action of trover, for two thirds of a certain brig, called the Walsan, and of two thirds of a certain other brig, called the Alfred. The defendants put in at the return term the following plea: “And now the said Joseph Smith, in his proper person, and the said president, directors and company of the Exchange Bank, by Ashur Ware, their president, in his proper person, come and defend the wrong and injury, &c., and say, that the court here ought not further to take cognizance of or sustain the action aforesaid, .because they say, that one James Harris, of Boston, in the commonwealth…
1Opinion of the Court
STORY, Circuit Justice.
I have no doubt, whatsoever, that it is. perfectly competent for the court to grant the present motion. It is often done in the circuit court in this circuit, where the jurisdiction of the court would or might be otherwise ousted. The same practice has been sanctioned upon the same ground by the supreme court of the *1075United States; and it is fully -within the remedial operation of the 32d section of the" judiciary act of 1789, c. 20. But I do not think this amendment is no-w necessary to sustain the jurisdiction of the court. The case of Louisville, C. & C. R. Co. v.…
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