Brown v. Smyth

4 Del. 204

• Court: Superior Court of Delaware
• Decided: July 1, 1844
• Status: Published

Opinion

Court.

—The motion is to amend the judgment against Smyth by adding the name of Wm. J. Reader. The- judgment is a several judgment against Smyth, on a joint warrant to confess judgment against Reader and Smyth. The court has no authority to authorize a judgment different from the power of attorney; and the entry of a judgment different from the power is unauthorized, and cannot in any form be cured. The application to amend by inserting a new defendant is an application after judgment, not merely to amend, but to make a judgment, including the making new parties. Such an» amendment cannot be allowed.

Gray, for the motion. Wales and Chandler, contra.

Amendment refused; and judgment stricken out.

The parties now compromised; and the rule was made absoluto for the payment of the balance in court to the defendant, Smyth..