Hampton v. Rouse
15 Wall. 684 · 1872 U.S. LEXIS 1303 · 21 L. Ed. 250 · 82 U.S. 684
April 28, 1873
Headnotes
Generated summaries- Headnote 1
The writ was issued before the January 24, 1873 act that altered the court’s term commencement. Because the 1872 statute authorizes amendment to reflect subsequent law, the court may revise the writ’s terms on a party’s motion.
- Headnote 2
In the present case the court granted the motion, ordering the writ to be amended to conform with the new statutory deadline, thereby correctly exercising the amendment power granted by the 1872 Act.
- Headnote 3
The original writ set the returnable date for the first Monday of December. The January 24, 1873 act shifted the term start to the second Monday of October, prompting the court to amend the writ’s returnable date accordingly.
Opinion
delivered the opinion of the court.
The case is before us on a motion to amend the writ. It bears teste on the 25th of February, 1873, and was made returnable on the first Monday of December, instead of the second Monday of October, then next ensuing. The commencement of the terms of this court was changed from the former to the latter time by the act of January 24th, 1873. The passage of this act was doubtless unknown to the clerk when he issued the writ. Authority to amend it. in the particular in question is given by the third section of the “act to further the administration of justice,” of June 1st, 1872.
The motion is granted, and the amendment may be
Made accordingly.