Karrick v. Wetmore
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) by the defendant from an order of the Supreme Court of the District of Columbia granting a motion to amend a declaration by striking out the name of the nominal plaintiff and substituting that of the administrator of his estate.
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Hearing on an appeal (specially allowed) by the defendant from an order of the Supreme Court of the District of Columbia granting a motion to amend a declaration by striking out the name of the nominal plaintiff and substituting that of the administrator of his estate. The Court in the opinion stated the ease as follows: This action was begun in the supreme court of the District by declaration, filed June 14, 1902, in the name of Charles H. Wet-more, for the use of J ohn K. McKay, against J ames L. Karrick, upon a judgment for the sum of $12,881.46, and $40.46 costs of suit, recovered by said…
1Opinion of the CourtJustice Shepard
We are constrained to hold that the leave to amend by'substituting the administrator in the stead of the nominal plaintiff, who had died before the institution of the suit, was beyond the power of the court.
The provision of the Code permits a wide latitude of amendment and, in view of its beneficent purpose, we are disposed to *493give it the most liberal interpretaion; but it is limited by its terms to an existing case — one that “shall be pending” at the time, D. 0. Code, § 399. Here there was no pending case; no foundation for amendment. A proceeding begun in the name of a deceased plaintiff…
2Cases cited16 opinions
- Glenn v. MarburySupreme Court of the United States · 1892
- Welch v. MandevilleSupreme Court of the United States · 1816
- Hayward v. AndrewsSupreme Court of the United States · 1883
- Dashiell v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Irvine Ex Rel. Lumberman's Bank at Warren v. LowrySupreme Court of the United States · 1840
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