Chapman v. Barney
129 U.S. 677 (1889)

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U.S. Supreme Court

Chapman v. Barney, 129 U.S. 677 (1889)

Chapman v. Barney

No. 150

Submitted January 8, 1889

Decided March 5, 1889

129 U.S. 677

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

Amendments are discretionary with the court below, and are not reviewable by this Court; this rule applies to an amendment substituting a new sole plaintiff for the sole original plaintiff.

When there has been an appearance and no plea, or when, on account of amendments and changes of pleading, the declaration remains without an answer, it is error to call a jury and to enter a verdict unless for assessment of damages merely.

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