(DOWNLOAD) "Charles E. Jenkins, Moses Kneeland, And Jackson Hadley, Plaintiffs in Error v. William S. Banning" by United States Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Charles E. Jenkins, Moses Kneeland, And Jackson Hadley, Plaintiffs in Error v. William S. Banning
- Author : United States Supreme Court
- Release Date : January 01, 1859
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Mr. Gillet said that the practice of an inferior court is not the subject of review upon a writ of error; and the amendments permitted to be made to the plaintiff's declaration were within the discretion of the court below, and cannot be reviewed or reversed on error. This case comes before the court upon a writ of error to the District Court of the United States for the district of Wisconsin. It was an action of debt upon a judgment recovered by the present defendant against the plaintiffs in error, in the District Court of the United States for the second judicial district of the Territory of Minnesota. As originally framed, the declaration did not contain any caption specifying the term of the court when it was filed, or the return day of the process on which it was founded. In point of fact, it was filed on the thirtieth day of December, 1857, and the process was regularly returnable to the succeeding January term of the District Court, to which this writ of error issued. Service of the summons upon the defendants was duly made on the following day, and the record shows that they subsequently appeared and demurred to the declaration, showing for cause the formal defects before mentioned. On the eighteenth day of January, 1858, the plaintiff, by leave of the court, amended his declaration, obviating the defects shown by the demurrer.