Leetch v. Atlantic Mutual Insurance
New York Court of Common Pleas
Motion to amend a commission to take testimony on the-part of the defendants, and to vacate the return to a commission issued by the plaintiff. The commission issued on the part of the defendants was directed to R. B. Foster, of Brazos, Texas, and was, witnessed in the name of the Chief Justice of the court, and was signed by the clerk.
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Motion to amend a commission to take testimony on the-part of the defendants, and to vacate the return to a commission issued by the plaintiff. The commission issued on the part of the defendants was directed to R. B. Foster, of Brazos, Texas, and was, witnessed in the name of the Chief Justice of the court, and was signed by the clerk. An indorsement by the defendants’ attorney directed its return by mail or other safe conveyance to the clerk of the court, but these instructions were not signed by a judge of this court. The interrogatories and cross-interrogatories were settled by…
1Opinion of the Court
Daly, Ch. J.
—I think the commission may be amended by doing now, after its execution, what ought to and would have been done when it was issued. Whether regarded as “ process,” or as a “ proceeding,” it is amendable under the general power given by the Revised Statutes (2 R. S. 424, § 1), which is a power to amend any process, pleading, or proceeding, in form or substance, for the furtherance of justice, and such is the nature of the amendment asked for here. If any judge of the court had been applied to at the issuing of the commission, he would have ordered to have been done exactly what…
2Cases cited14 opinions
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Fleming v. HollenbackNew York Supreme Court · 1849
- People ex rel. Strait v. Steuben C. P.New York Supreme Court · 1830
- Sheldon v. WoodThe Superior Court of New York City · 1857
- Parke v. Heath & M'CotterNew York Supreme Court · 1836
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3Cited by2 opinions
- Tasker v. WallaceNew York Court of Common Pleas · 1876
- In re ChristernThe Superior Court of New York City · 1878