Proprietary v. Pearce
Court of Appeals of Maryland
DEBT on an administration bond 5 plea non est factum, and issue joined. The bond was dated 17th August, 1727_ The declaration set forth a bond dated 17th June, 1727. Garnet moved to amend the narr. by the bond 1 and to justify the amendment, he cited 1 Barnes, 3.6,7. 2 Barnes, 4. Cro. Car. 147. Co. Prac. 26. 3 Lon. 347. Fitzg. 193. The determination of Courts on matters of practice are, that the Courts have a discretionary power in regulating their own practice.
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DEBT on an administration bond 5 plea non est factum, and issue joined. The bond was dated 17th August, 1727_ The declaration set forth a bond dated 17th June, 1727. Garnet moved to amend the narr. by the bond 1 and to justify the amendment, he cited 1 Barnes, 3.6,7. 2 Barnes, 4. Cro. Car. 147. Co. Prac. 26. 3 Lon. 347. Fitzg. 193. The determination of Courts on matters of practice are, that the Courts have a discretionary power in regulating their own practice. By 12 Mod. 442. the plaintiff on an amendment may pay costs or grant an imparlance. The Courts will not countenance amendments,…
1Opinion of the Court
*224The motion did not prevail, the Chief Justice saying that the defendant would be barred of this defence, it being too late to have an imparlance,
Jennings’s notes.
2Cited by5 opinions
- Durham v. RhodesCourt of Appeals of Maryland · 1865
- Bruns v. HeiseCourt of Appeals of Maryland · 1905
- Demill v. ReidBaltimore City Circuit Court · 1889
- Reed v. CampbellU.S. Circuit Court for the District of District of Columbia · 1862
- Reed v. CampbellCourt of Appeals for the D.C. Circuit · 1862