SPRAGUE
v.
TICONIC NAT. BANK ET AL.
The decree of the District Court of April 20, 1938, is affirmed for the reasons stated in its opinion of April 16, 1938, and for the further reason that the term of court at which the decree was entered, when the petition to amend was filed, had long since passed, and the amendment sought went to the substance of the decree and not to its form. See Fairmont Creamery Co. v. Minnesota, 275 U.S. 70, 48 S.Ct. 97, 72 L.Ed. 168; Hart v. Wiltsee et al., 1 Cir., 25 F.2d 863, and cases there cited; Casey v. Sterling Cider Co., 1 Cir., 15 F. 2d 52, and Schell v. Dodge, 107 U.S. 629, 2 S.Ct. 830, 27 L.Ed. 601.
The decree of the District Court is affirmed, with costs to the appellees.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sprague v. Ticonic Nat'l Bank, 307 U.S. 161 (U.S. 1939)
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Durrett v. United States, 107 F.2d 438 (5th Cir. 1939)
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Phillips Petroleum Co. v. Oldland, 187 F.2d 780 (10th Cir. 1951)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fairmont Creamery Co. v. Minnesota, 275 U.S. 70 (U.S. 1927)
- Gage v. Herring, 107 U.S. 640 (U.S. 1882)
- Schell v. Dodge, 107 U.S. 629 (U.S. 1882)
- Casey v. Sterling Cider Co., 15 F.2d 52 (1st Cir. 1926)
- Hart v. Wiltsee, 25 F.2d 863 (1st Cir. 1928)