Kincaid v. Howe
Massachusetts Supreme Judicial Court
The writ of error in this case was sued to obtain the reversal oí a judgment of the Court of Common Pleas for this county, rendered May term, 1810, in an action wherein the said Kincaid was plaintiff, and the said Howe defendant. * The origi- [ * 204 ] nal action was case upon two promissory notes made by the defendant, and payable to Samuel Kincaid, Jun., or order; and was originally commenced before a justice of the peace for this county, and tried by him upon the general…
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The writ of error in this case was sued to obtain the reversal oí a judgment of the Court of Common Pleas for this county, rendered May term, 1810, in an action wherein the said Kincaid was plaintiff, and the said Howe defendant. * The origi- [ * 204 ] nal action was case upon two promissory notes made by the defendant, and payable to Samuel Kincaid, Jun., or order; and was originally commenced before a justice of the peace for this county, and tried by him upon the general issue. The plaintiff having obtained a judgment before the justice in his favor, the defendant appealed to the Common…
1Per curiam
It is not easy to conjecture the reasons by which the Court of Common Pleas were prevailed on to reject finally the proposed amendment, by which the plaintiff’s writ and declaration would have been rendered conformable to the fact and truth of the case, in every descriptive circumstance; especially as the court seem to have been apprized that the motion for the amendment was directed to the purpose of conforming the plaintiff’s declarat.on to the state of his evidence, and as, in their apprehension, the amendment was essential to enable the plaintiff to proceed in his action. If the court had…
2Cases cited3 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1816
- Furniss v. EllisU.S. Circuit Court for the District of Virginia · 1822
3Cited by15 opinions
- People v. CookNew York Supreme Court · 1852
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Final v. BackusMichigan Supreme Court · 1869
- Cartwright v. ChabertTexas Supreme Court · 1848
- O'Bannon v. SaundersSupreme Court of Virginia · 1873
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