Superior Court of Delaware, 1844

Brown v. Smyth

Brown v. Smyth
Superior Court of Delaware · Decided July 1, 1844
4 Del. 204

Counsel

Mr. Gray , Mr. Wales., Mr. Chandler , Gray, for the motion., Wales and Chandler, contra.

Brown v. Smyth

Opinion of the Court

Court.

—The motion is to amend the judgment against Smyth by *206adding the name of Wm. J. Reader. The- judgment is a several judgment against Smyth, on a joint warrant to confess judgment against Reader and Smyth. The court has no authority to authorize a judgment different from the power of attorney; and the entry of a judgment different from the power is unauthorized, and cannot in any form be cured. The application to amend by inserting a new defendant is an application after judgment, not merely to amend, but to make a judgment, including the making new parties. Such an» amendment cannot be allowed.

Gray, for the motion. Wales and Chandler, contra.

Amendment refused; and judgment stricken out.

The parties now compromised; and the rule was made absoluto for the payment of the balance in court to the defendant, Smyth..

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