Cain v. Rockwell
Massachusetts Supreme Judicial Court
Scire facias upon a judgment of the Police Court of Fitch-burg against the defendant as trustee of John Cain, upon which execution was issued, demand made upon the trustee, and the execution returned unsatisfied. Michael Danahy appeared as claimant of the funds in the hands of the defendant.
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Scire facias upon a judgment of the Police Court of Fitch-burg against the defendant as trustee of John Cain, upon which execution was issued, demand made upon the trustee, and the execution returned unsatisfied. Michael Danahy appeared as claimant of the funds in the hands of the defendant. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts, in substance as follows: The plaintiff by the name of Mary Cain, which was a misnomer, her real name being Ann Cain, commenced a trustee process in the Police Court of Fitchburg…
1Opinion of the CourtMorton, C. J.
The power of our courts to allow amendments is very broad, permitting such amendments, either in form or substance, as are necessary to enable the plaintiff to sustain the action for the cause for which it was intended to be brought, or the defendant to make a legal defence. Gen. Sts. c. 129, §§ 40-42.
There can be no doubt that in this case the amendment changing the name of the plaintiff from “ Mary Cain ” to “ Ann Cain,” thus correcting a mere clerical error or misnomer, was rightly allowed. Crafts v. Sikes, 4 Gray, 194. The only question is whether this amendment vacated the attachment of…
2Cases cited1 opinion
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
3Cited by11 opinions
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
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- Dierks v. WalshSupreme Court of Oklahoma · 1946
- Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
- Connelly v. Dionne Trucking, Inc.Massachusetts Supreme Judicial Court · 1920
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