Porter v. Goodman
New York Supreme Court
The judgment was upon a bond and warrant of attorney; and, in issuing the fi.fa. the attorney for the plaintiff had, by mistake, omitted the name of Addison Porter, and it was, by a like mistake, tested at the city of XJlica, instead of the Academy in TJlica. The fi.fa. had been levied, and trespass brought by the defendant, on the ground that such levy was under an execution irregular and void.
1Per curiam 1
On hearing the affidavits, upon both sides, we are unanimous in thinking that the facts disclosed do not warrant the allegation of bad faith. If the defendants had made out a strong equitable case against the plaintiffs, it would, perhaps, be a good reason for refusing the amendment. But we all think there is no foundation for *415the objection, in point of fact. The amendment must be J ’ r granted, on payment of costs.
c^^f^eSo as to include the a°t had been drawn for the payment of costó generally,
Rule to amend granted.
Oct. 24. This morning, Sudani mentioned, that the rule to amend had been…
Also in this document: Per curiam 2.
2Cited by4 opinions
- Taylor v. CourtnayNebraska Supreme Court · 1883
- Hall v. ClagettCourt of Appeals of Maryland · 1885
- Elliott v. HartMichigan Supreme Court · 1881
- Starr v. United StatesDistrict of Columbia Court of Appeals · 1896