Noble v Chapman
| Jurisdiction | England & Wales |
| Judgment Date | 11 January 1854 |
| Date | 11 January 1854 |
| Court | Court of Common Pleas |
English Reports Citation: 139 E.R. 165
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
noble v. chapman. Jan. 11, 1854. Upon a trial by the record, the court amended the declaration by inserting therein the true date of the judgment recovered, under the 15 & 16 Viet. c. 76, s. 222. This was an action upon a judgment recovered by the plaintiff in this court against the defendant. The declaration alleged the judgment to have been recovered on the 28th of December, 1848 : but, upon the record being produced in court on the trial of an issue of nul tiel record, it appeared that the judgment was recovered on the 23rd of December, 1848. Milward, who was instructed to move for judgment, thereupon prayed that the declaration might be amended, by inserting therein the 23rd in lieu of the 28th of December. He submitted, that, though such an amendment could not have taken place under the"3 & 4 W. 4, c. 42, s. 23,-Cooper v. Pennefather, ante, vol. vii., p. 739, -the words of the recent act, 15 & 16 Viet. c. 76, s. 222,-" it shall be lawful for the superior courts of common law, and every judge thereof, and any judge sitting at nisi prius, at all times to amend all defects and errors in any proceeding in civil causes, whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend, or not; and all such amendments...
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Gordon v Hassard
...1 H. Bl. 49. O Brien v. Whitlaw Ubi sup. Regina v. NaghtenUNK 9 Ir. Eq. Rep. 593. Phillips v. ShawENR 4 B. & Ald. 435. Noble v. ChapmanENR 14 C. B. 400. Hunter v. EmanuelENR 15 C. B. 290. Buckland v. Johnson 23 Law Jour., C. P., 207. COMMON LAW REPORTS. 195 trial, the point now raised was n......