Spencer v. Thistle

CourtSupreme Court of Nebraska
Citation13 Neb. 201,13 N.W. 208
PartiesSPENCER v. THISTLE.
Decision Date01 September 1882

13 Neb. 201
13 N.W. 208

SPENCER
v.
THISTLE.

Supreme Court of Nebraska.

Filed September 1, 1882.


Motion for leave to amend petition in error.

[13 N.W. 208]

E. Schultz for the motion.


BY THE COURT.

The attorney for the plaintiff in error asks leave to amend his petition in error by an additional assignment of error. A petition in error is within the provisions of the Code as to amendments, and an amendment will be permitted in any case when it will be in furtherance of justice. The court, as a condition of making the amendment, may, in cases where new questions are raised, impose the payment of costs caused by the amendment, but will not do so unless that additional costs are the direct result of making the same. The plaintiff in error has leave to amend his petition in error by adding the additional assignment of error prayed for in his motion.

To continue reading

Request your trial
3 practice notes
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...as to any matter contained in the record, proper to be considered on error. (R. R. Co. v. Ingalls, 13 Neb. 279; Spencer v. Thistle, 13 Neb. 201; Robinson v. Kilpatrick, 50 Neb. 795; Hildebrant v. Brewer, 5 Tex. 566; Ry. Co. v. Bailey, 7 Ohio St. 88; Humphries v. Spafford, 14 Neb. 488; Bazzo......
  • Bazzo v. Wallace
    • United States
    • Supreme Court of Nebraska
    • August 20, 1884
    ...the rendition of the judgment, may permit any amendment in furtherance of justice that may seem just and proper. In Spencer v. Thistle, 13 Neb. 201, S. C. 13 N. W. REP. 208, 214, it was held that a petition in error may be amended by leave of court where the amendment will be in furtherance......
  • Bazzo v. Wallace
    • United States
    • Supreme Court of Nebraska
    • August 20, 1884
    ...the rendition of the judgment may permit any amendment in furtherance of justice that may seem just and proper. In Spencer v. Thistle, 13 Neb. 201, 13 N.W. 208, it was held that a petition in error may be amended by leave of court when amendment will be in furtherance of justice, and in H. ......
3 cases
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...as to any matter contained in the record, proper to be considered on error. (R. R. Co. v. Ingalls, 13 Neb. 279; Spencer v. Thistle, 13 Neb. 201; Robinson v. Kilpatrick, 50 Neb. 795; Hildebrant v. Brewer, 5 Tex. 566; Ry. Co. v. Bailey, 7 Ohio St. 88; Humphries v. Spafford, 14 Neb. 488; Bazzo......
  • Bazzo v. Wallace
    • United States
    • Supreme Court of Nebraska
    • August 20, 1884
    ...the rendition of the judgment, may permit any amendment in furtherance of justice that may seem just and proper. In Spencer v. Thistle, 13 Neb. 201, S. C. 13 N. W. REP. 208, 214, it was held that a petition in error may be amended by leave of court where the amendment will be in furtherance......
  • Bazzo v. Wallace
    • United States
    • Supreme Court of Nebraska
    • August 20, 1884
    ...the rendition of the judgment may permit any amendment in furtherance of justice that may seem just and proper. In Spencer v. Thistle, 13 Neb. 201, 13 N.W. 208, it was held that a petition in error may be amended by leave of court when amendment will be in furtherance of justice, and in H. ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT