Albers v. Whitney
U.S. Circuit Court for the District of Massachusetts
At law. Motion to amend the record of this ease, in which judgment was rendered at the last term of this court, and execution issued, upon which one of the defendants was arrested and committed to gaol, and afterwards was sworn out of gaol under the insolvent debtors acts. [Motion overruled.] The petition was as follows: “Your petitioners, John H. Albers and Christian Bom, of the city, county, and state of New York, merchants, under the firm and style of J. H. Albers & Born,…
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At law. Motion to amend the record of this ease, in which judgment was rendered at the last term of this court, and execution issued, upon which one of the defendants was arrested and committed to gaol, and afterwards was sworn out of gaol under the insolvent debtors acts. [Motion overruled.] The petition was as follows: “Your petitioners, John H. Albers and Christian Bom, of the city, county, and state of New York, merchants, under the firm and style of J. H. Albers & Born, respectfully state, that' at the last April term of this court, they recovered judgment, as plaintiffs, in a certain…
1Opinion of the Court
STORY, Circuit Justice.
The power of this court' to grant amendments is dependent upon statute; and, so far as it has been provided for, it is by the 32d section of the judiciary act of 1789, c. 20, [1 Stat. 91.] That section provides, “That no summons, writ, declaration, return, process, judgment, or other proceedings in civil causes, in any of the courts of the United States, shall be abated, arrested, quashed, or reversed, for any defect or want of form; but the courts shall respectively proceed and give judgment according as the right of the cause and matter of- law shall appear to them,…
2Cited by11 opinions
- Edwards v. ElliottSupreme Court of the United States · 1874
- Final v. BackusMichigan Supreme Court · 1869
- Dougherty v. PeopleIllinois Supreme Court · 1886
- Makepeace v. LukensIndiana Supreme Court · 1867
- Moore v. . HinnantSupreme Court of North Carolina · 1884
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