Cartwright v. Chabert
Texas Supreme Court
— Writ of Error from San Augustine County. The defendant in error, who was plaintiff below, instituted suit against the plaintiff in error, in September, 1846, upon several promissory notes. The plaintiff sued by the name of Leon Chobert. In issuing the citation, the clerk omitted to affix to it the seal of the court.
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— Writ of Error from San Augustine County. The defendant in error, who was plaintiff below, instituted suit against the plaintiff in error, in September, 1846, upon several promissory notes. The plaintiff sued by the name of Leon Chobert. In issuing the citation, the clerk omitted to affix to it the seal of the court. At the first term (being the fall term, 1846s), and on the 6th day of October, an attornéy of the court, as “ amicus curiae,” moved the court to quash the writ on account of the omission of the seal. On the same day the clerk filed, in writing, an application for permission to…
1Opinion of the CourtJustice Wheeler
Por the plaintiff in error, it is insisted that the court erred in permitting the amendment:
1st. Of the writ.
2d. Of the petition.
1. The practice of permitting the amendment of defective writs, so as to cure defects occasioned by mere clerical omissions or mistakes, has very generally prevailed in both the English and American courts. [1 Chit. Pl. 283; 19 Wend. 99; 15 id. *263304; 11 Verm. 331; 20 Pick. 38; 18 Wend. 675; 3 Ala. 250; 2 Smedes & Marsh. 307; 1 Hill, 204; 2 Brock. 13; 9 Porter, 320; 5 Smedes & Marsh. 259; 4 Cowen, 41; 5 Pick. 663; 5 Blackf. 374.]
It was recognized, as applicable to…
2Cases cited8 opinions
- Kavanaugh v. BrownTexas Supreme Court · 1846
- Kincaid v. HoweMassachusetts Supreme Judicial Court · 1813
- Alford v. JohnsonSupreme Court of Alabama · 1839
- Furniss v. EllisU.S. Circuit Court for the District of Virginia · 1822
- Sherman v. Proprietors of Connecticut River BridgeMassachusetts Supreme Judicial Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Faver v. RobinsonTexas Supreme Court · 1876
- Moore v. Perry Et UxCourt of Appeals of Texas · 1896
- Haines v. Leonard L. Farber CompanyDistrict Court of Appeal of Florida · 1967
- Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
- Whittenberg v. LloydTexas Supreme Court · 1878
18 more not listed; retrieve them via the Exa API.