Hutchinson v. Crossen
Massachusetts Supreme Judicial Court
A venire facias de novo having been awarded in this case, (see vol. ix. p. 208,) a new trial was had, at the last May term of this Cour< in this county, before Parker, J. Before the trial came on, the plaintiff moved for leave to amend his declaration, and also to alter the writing on the back of the original note, over the name of the defendant, which was an order to pay the contents of the note to the plaintiff or order.
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A venire facias de novo having been awarded in this case, (see vol. ix. p. 208,) a new trial was had, at the last May term of this Cour< in this county, before Parker, J. Before the trial came on, the plaintiff moved for leave to amend his declaration, and also to alter the writing on the back of the original note, over the name of the defendant, which was an order to pay the contents of the note to the plaintiff or order. The defendant objected to the motion, which was, notwithstanding, granted upon the common rule, the defendant electing his costs. The plaintiff then erased the said order,…
1Opinion of the Court
The Court
said they had considered this case, and were all satisfied. that the declaration should not have been amended in this manner.
The writ of error is a commission to this Court, to examine the record of a judgment in an inferior court, and thereupon to reverse or affirm such judgment, according to law. We can only examine that record, as it is certified to us, and determine whether it *255warrants the judgment rendered by the other court If any alteration is made in it here, it is no longer the same record, which alone we have authority to examine.
The amendment of records, mentioned in the…
2Cases cited6 opinions
- Zimmerman v. BriggansSupreme Court of Pennsylvania · 1836
- Bradley v. BaldwinSupreme Court of Connecticut · 1824
- Smith & Wife v. BoyerSupreme Court of Pennsylvania · 1834
- Allen v. AddingtonNew York Supreme Court · 1834
- Doe, on the Demise of Brown v. OwenIndiana Supreme Court · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
- Cooper v. LivingstonSupreme Court of Florida · 1883
- Farrand v. BentleyMichigan Supreme Court · 1859
- McLellan v. CroftonSupreme Judicial Court of Maine · 1830
- Chamberlain v. CraneSuperior Court of New Hampshire · 1827
6 more not listed; retrieve them via the Exa API.