United States v. 1,997.66 Acres of Land, More or Less, in Polk County
Court of Appeals for the Eighth Circuit
1DissentStone, Circuit Judge
I concur in the conclusion that the trial court has power to allow amendments to declarations of taking (including revision of estimated damages). The majority opinion finds the power to allow such amendments in the general, inherent power of courts to allow amendments; and with this view I have no difference though I would place it upon the statutory expression of that power stated in Section 777, Title 28 U. S.C.A. As I read the opinion however, the judicial exercise of this inherent power is regarded as so limited that it is an abuse of sound discretion to refuse to allow such amendments…
2Cases cited6 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Yearsley v. W. A. Ross Construction Co.Supreme Court of the United States · 1940
- City of Oakland v. United StatesCourt of Appeals for the Ninth Circuit · 1942
- United States v. .8677 Acre of LandDistrict Court, E.D. South Carolina · 1941
- United States v. 76,800 AcresDistrict Court, S.D. Georgia · 1942
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