Peddy v. Street

This is an appeal from an order of tbe Circuit Court, substituting the record of a destroyed judgment rendered at tbe Fall term, 1869, of tbe same court. Tbe proceedings, as originally instituted, also sought to substitute tbe summons and complaint in tbe cause in which the judgment was rendered. Tbe motion for substitution was amended by striking out so much as referred to tbe summons and complaint. Tbe movant certainly bad tbe right to abandon tbe whole, or any part of bis application; and tbe amendment was merely an abandonment of tbe part stricken out. We discover no valid objection to…