Marshall A. Lewis & Co. v. Locke
Supreme Court of Vermont
The case Marshall A. Lewis 8? Qo. v. James L. Loelte was an action of assumpsit commenced before a justice of the peace, and came to tbe county court by appeal, and was entered September term, 1885. 'Tbe plaintiffs were not named in tbeir writ except as Marshall A. Lewis & Go.
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The case Marshall A. Lewis 8? Qo. v. James L. Loelte was an action of assumpsit commenced before a justice of the peace, and came to tbe county court by appeal, and was entered September term, 1885. 'Tbe plaintiffs were not named in tbeir writ except as Marshall A. Lewis & Go. At tbe September term, 1866, the plaintiffs moved for leave to amend by inserting the name of Edward Warner as a member of the firm of Marshall A. Lewis & Co., to which the defendant objected; but the objection was overruled by the court, Barrett, J., presiding, and the amendment ordered to be made, to which the…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
The only question presented is as to the legal right of the county court to allow the amendment of the plaintiffs’ writ as was done in this case.
The county court having allowed the amendment, and the case having thereafter proceeded to a hearing and final 'judgment, this court will not now vacate that judgment, unless it clearly appears that the county court were wrong in their action ; and, in decid*13ing tbe question, we are to presume that all such facts were, made .to appear before that court as would naturally exist in such a case, in…
2Cases cited1 opinion
- Bowman v. StowellSupreme Court of Vermont · 1849
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- Kimball v. LaddSupreme Court of Vermont · 1870
- Frese v. BachofU.S. Circuit Court for the District of Southern New York · 1878
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