Scull v. Briddle
U.S. Circuit Court for the District of Pennsylvania
Motion in arrest of judgment, because the writ was against Edward Briddle, and the declaration against Edward Biddle. The defendant gave special bail by the name of Edward Briddle. Cases cited by defendant’s counsel: 2 Wils. 394; 3 Term R. 611.
1Opinion of the Court
WASHINGTON, Circuit Justice.
It was competent for the defendant to have pleaded in abatement, that he was sued by the name of Edward Biddle, whereas his name was Edward Briddle. But instead of this, he *894gives bail by bis right name, and pleads in • bar of the action. The variance is mere form, and the act of congress, in such a case, permits the court to amend at any time. Let the proceedings be amended, conformably to the recognisance of bail.
Motion overruled.
2Cited by2 opinions
- Elliott v. ClarkSuperior Court of New Hampshire · 1846
- Tyler v. Mutual District Messenger Co.Court of Appeals for the D.C. Circuit · 1898