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Abbott v. Chambers

William W. Abbott v. Fitzwilliam H. Chambers, Circuit Judge in Wayne County

Abbott v. Chambers, 21 N.W. 911 (Mich. 1885)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 6, 1885
Citations
21 N.W. 91155 Mich. 410
Headnotes
Amendment of declaration on bond,. A declaration on the bond of a residuary legatee alleging the failure to pay a claim is amendable by adding a count alleging the failure to pay a note which constituted the claim, even though the note itself was outlawed; no new cause of action is added by such an amendment.
Summary
Motion for order to show cause.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Suit on the bond of a residuary legatee, which was conditioned to pay the debts of the testator. The plaintiff by his declaration alleged as a breach the failure to pay a claim which had been allowed in his favor by the probate judge. Afterwards, against the objection of the defendants, he was allowed to add to his declaration a count alleging as the breach the failure to pay a note held by him, and which constituted the claim which had been allowed in his favor. The note was more than six years overdue when the amendment was allowed. The defendants now apply for mandamus to compel the vacating of the ordel permitting amendment.

Held, that as the plaintiff had not been allowed to bring in by his amendment any new cause of action, the motion should be denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11939: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Chariton National Bank v. Whicher145 N.W. 299 (Iowa 1914)
  2. Farmers Trust & Savings Bank v. Bannworth289 N.W. 423 (S.D. 1939)

Most recent

  1. Farmers Trust & Savings Bank v. Bannworth289 N.W. 423 (S.D. 1939)
  2. Chariton National Bank v. Whicher145 N.W. 299 (Iowa 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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