Supreme Court of the United States, 1895

Stevens's Administrator v. Nichols

Stevens's Administrator v. Nichols
Supreme Court of the United States · Decided April 1, 1895 · Brewer
157 U.S. 370; 15 S. Ct. 640; 39 L. Ed. 736; 1895 U.S. LEXIS 2211 (United States Reports)

Stevens's Administrator v. Nichols

Opinion

Mr. Justice Brewer,

after stating the case, delivered the opinion of the court.

. The Supreme Court of the State held that the refusal of the trial court to permit the defendant to amend his petition for removal was proper. Amendments of pleadings or other proceedings are as a rule matters of discretion with the trial court, and a writ of error will not lie to review its action in respect thereto. Walden v. Craig, 9 Wheat. 576; Chirac v. Reinicker, 11 Wheat. 280; United States v. Buford, 3 Pet. 12; Matheson's Administrators v. Grant's Administrator, 2 How. 263.

The denial by a state court of an application to amend a petition for removal is therefore not the denial of any right secured by the Constitution of the United States. Crehore v. Ohio & Mississippi Railway, 131 U. S. 210; Pennsylvania Co. v. Bender, 148 U. S. 255. The judgment is

Affirmed.

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