Chamberlain v. Crane
Superior Court of New Hampshire
This was a writ of entry in which the demandant originally counted upon his own seizin in fee, but afterwards having obtained leave to amend, counted upon his own seizin ns of freehold. Judgment was rendered in favor of the demandant at May term, 1817. 1 N. II. Rep. G4. But judgment was by mistake entered upon the original instead of the amended count.
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This was a writ of entry in which the demandant originally counted upon his own seizin in fee, but afterwards having obtained leave to amend, counted upon his own seizin ns of freehold. Judgment was rendered in favor of the demandant at May term, 1817. 1 N. II. Rep. G4. But judgment was by mistake entered upon the original instead of the amended count. H. Hubbard moved to amend the record of the judgment by striking out the original count and inserting in its stead the amended count which was on file among the papers belonging to the case. J. Parker, who appeared for a person to whom…
1Opinion of the Court
By the court.
We entertain no doubt that judgment was entered upon the original count in this case by mistake instead of the amended count, and that justice requires that the record should be amended. And we are of opinion that the record may be legally amended. 19 Johns. 244, Mechanic's Bank v. Minthorne; 18 Johns. 502, Lansing v. Lansing; 17 ditto 86, Lee v. Curtiss; 14 ditto 219, Bank of Newburgh v. Seymour; 3 D. & E, 349, Rees v. Morgan; 2 Tidd’s Prac. 863; 1 Cowen’s Rep. 9; 5 Burr. 2730, Short v. Coffin; 4 Maule & Selwyn 94, Usher v. Dansey; 1 Taunt. 221, Mann v. Calow; 4 Taunt. 875,…
2Cases cited3 opinions
- President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813
- Lansing v. of LansingNew York Supreme Court · 1821
3Cited by4 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Hill v. HooverWisconsin Supreme Court · 1856
- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911