Scull v. Briddle

U.S. Circuit Court for the District of Pennsylvania

Scull v. Briddle

21 F. Cas. 893, 2 Wash. C. C. 200

U.S. Circuit Court for the District of Pennsylvania·Decided April 15, 1808·Published·Cited by 2 cases

Opinion

WASHINGTON, Circuit Justice.

It was competent for the defendant to have pleaded in abatement, that he was sued by the name of Edward Biddle, whereas his name was Edward Briddle. But instead of this, he [894]*894gives bail by bis right name, and pleads in • bar of the action. The variance is mere form, and the act of congress, in such a case, permits the court to amend at any time. Let the proceedings be amended, conformably to the recognisance of bail.

Motion overruled.

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WASHINGTON, Circuit Justice.

It was competent for the defendant to have pleaded in abatement, that he was sued by the name of Edward Biddle, whereas his name was Edward Briddle. But instead of this, he [894]*894gives bail by bis right name, and pleads in • bar of the action. The variance is mere form, and the act of congress, in such a case, permits the court to amend at any time. Let the proceedings be amended, conformably to the recognisance of bail.

Motion overruled.

Scull v. Briddle, 21 F. Cas. 893, 2 Wash. C. C. 200 (circtdpa 1808).

Pincite

21 F. Cas. 893 (Scull v. Briddle) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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