Smith v. Babcock
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by William Sydney Smith against Samuel H. Babcock, Joseph Noble, and others). An application, was made by Joseph Noble, by motion in this case, for leave to file an amended answer upon certain circumstances stated in the accompanying affidavit, which was in substance as follows; ‘‘That since making and swearing to his said answer, the said Noble has seen and conversed with Cross, and with John D. Kinsman, the attorney of sa'id Cross, and by whom was written…
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Bill in equity [by William Sydney Smith against Samuel H. Babcock, Joseph Noble, and others). An application, was made by Joseph Noble, by motion in this case, for leave to file an amended answer upon certain circumstances stated in the accompanying affidavit, which was in substance as follows; ‘‘That since making and swearing to his said answer, the said Noble has seen and conversed with Cross, and with John D. Kinsman, the attorney of sa'id Cross, and by whom was written the agreement between the said Noble and Cross,- setting forth the purposes and objects for which the said Noble was to…
1Opinion of the Court
STORY, Circuit Justice.
The general rules of courts of equity in the amendment of answers are well known. In mere matters of form, or mistakes of dates, or verbal inaccuracies, courts of equity are very indulgent in allowing amendments. But when application is made to amend an answer in material facts, or to change essentially the grounds taken in the original answer, courts of equity are exceedingly slow and reluctant in acceding to it. To support such applications, they require very' cogent circumstan*430ces, and such as repel the notion of any at- • tempt of the party to evade the justice of…
2Cases cited1 opinion
- Bowen v. CrossNew York Court of Chancery · 1820
3Cited by13 opinions
- Ritchie v. McMullenCourt of Appeals for the Sixth Circuit · 1897
- Campbell v. LynchWest Virginia Supreme Court · 1921
- Depue v. SergentWest Virginia Supreme Court · 1883
- Gubbins v. LaughtenschlagerU.S. Circuit Court for the Southern District of Iowa · 1896
- Hicks v. FerdinandU.S. Circuit Court for the District of Southern New York · 1884
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