Legal Opinion

Thomas's administrator v. United States

United States Court of Claims

Decided December 15, 1879PublishedCited by 13 opinions

On the claimant's Motion. The Reporters’ statement of tbe case: Tbe former decisions of tbe court in this case will be found in 11 O. Gis. K-, 722j 12 ib. 273. Tbe following are tbe words of tbe present motion: “ Motion to amend petition, die.

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On the claimant's Motion. The Reporters’ statement of tbe case: Tbe former decisions of tbe court in this case will be found in 11 O. Gis. K-, 722j 12 ib. 273. Tbe following are tbe words of tbe present motion: “ Motion to amend petition, die. “Mary W. Thomas’ administrator, ) W. Calvin Wells, Uo. 3400. vs. f “The United States. \ “Whereas tbe said Mary W. Thomas was, at tbe time of tbe commencement of this suit, tbe sole executrix of tbe last will ■& testament of John H. Thomas, deee’ed, late a citizen of the United States, residing in Yazoo County, in the State of Mississippi, & was also…

1Opinion of the CourtEichaedson, J.

This is a motion on the part of the claimant to so amend the petition as to make it conform in its allegations to the exact facts as they existed at the time of the institution of the action and as they have been proved before the court, correcting certain errors made by the counsel employed to commence the suit, through an imperfect knowledge of the case.

We shall make the merits of the motion plainer if we briefly state the present attitude of the parties and the present position of the pleadings, as the record now stands.

In the year 1863, John II. Thomas, a citizen and resident of…

2Cases cited19 opinions

  1. Tilton v. CofieldSupreme Court of the United States · 1876
  2. United States v. PadelfordSupreme Court of the United States · 1870
  3. The Elgee Cotton CasesSupreme Court of the United States · 1875
  4. Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
  5. Teutonia Life Insurance v. MuellerIllinois Supreme Court · 1875

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3Cited by13 opinions

  1. Morse Arms Manufacturing Co. v. United StatesUnited States Court of Claims · 1880
  2. Duran v. United StatesUnited States Court of Claims · 1896
  3. Great Falls Manufacturing Co. v. United StatesUnited States Court of Claims · 1880
  4. Federal Manufacturing & Printing Co. v. United StatesUnited States Court of Claims · 1906
  5. Davenpoet v. United StatesUnited States Court of Claims · 1896

8 more not listed; retrieve them via the Exa API.

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