In re Wood

S.D. New York

In re Wood

30 F. Cas. 422, 6 Ben. 339

District Court, S.D. New York·Decided February 15, 1873·Published

Opinion

BLATCHFORD, District Judge.

The amendment asked cannot be granted in the form proposed. The words, “business of his own,” are not found in the act. The motion may be renewed on notice, on an affidavit showing the existence, at the date of filing the petition, of the facts specified in section 11 as necessary to give jurisdiction, setting forth specifically the words proposed to be stricken out and those proposed to be inserted, and the reasons why the petition was not made originally in the proper form, and the reasons why the amendment was not applied for sooner after the filing of the specifications.

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BLATCHFORD, District Judge.

The amendment asked cannot be granted in the form proposed. The words, “business of his own,” are not found in the act. The motion may be renewed on notice, on an affidavit showing the existence, at the date of filing the petition, of the facts specified in section 11 as necessary to give jurisdiction, setting forth specifically the words proposed to be stricken out and those proposed to be inserted, and the reasons why the petition was not made originally in the proper form, and the reasons why the amendment was not applied for sooner after the filing of the specifications.

In re Wood, 30 F. Cas. 422, 6 Ben. 339 (S.D.N.Y. 1873).

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