Stevens's Administrator v. Nichols
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. Motion to dismiss or affirm. In January, 1881, the defendant in error as plaintiff commenced a proceeding in the Circuit Court of Pettis County, Missouri, to procure the issue of executions against Robert S. Stevens and another as stockholders in the Texas & Atlantic Refrigerator Car Company, against which he had previously recovered a judgment. This proceeding was based upon section 736, Rev. Stats.
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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. Motion to dismiss or affirm. In January, 1881, the defendant in error as plaintiff commenced a proceeding in the Circuit Court of Pettis County, Missouri, to procure the issue of executions against Robert S. Stevens and another as stockholders in the Texas & Atlantic Refrigerator Car Company, against which he had previously recovered a judgment. This proceeding was based upon section 736, Rev. Stats. Missouri, 1879 (now section 2517, Rev. Stats. 1889). The proceeding was removed by the defendants to the Circuit Court of the United States…
1Opinion of the Court
Mr. Justice Brewer,
after stating the case, delivered the opinion of the court.. The Supreme Court of the State held that the refusal of the trial court to permit the defendant to amend his petition for removal was proper. Amendments of pleadings or other proceedings are as a rule matters of discretion with the trial court, and a writ of error will not lie to review its action in respect thereto. Walden v. Craig, 9 Wheat. 576; Chirac v. Reinicker, 11 Wheat. 280; United States v. Buford, 3 Pet. 12; Matheson's Administrators v. Grant's Administrator, 2 How. 263.
The denial by a state court of an…
2Cases cited6 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- United States v. BufordSupreme Court of the United States · 1830
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Walden v. CraigSupreme Court of the United States · 1824
- New Orleans v. Gaines's AdministratorSupreme Court of the United States · 1889
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3Cited by8 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Yazoo & Mississippi Valley Railway Co. v. AdamsSupreme Court of the United States · 1901
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- McKemy v. Supreme Lodge A. O. U. W.Court of Appeals for the Sixth Circuit · 1910
- State ex rel. Missouri-Nebraska Express, Inc. v. JacksonMissouri Court of Appeals · 1994
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