Supreme Court of the United States, 1895

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)

Counsel

Mr. George P. B. Jackson for the motion., Mr. George A. Madill, Mr. John M. Holmes, and Mr. James A. Carr opposing.

Cases that cite this one

6 later published cases cite this decision.

State ex rel. Missouri-Nebraska Express, Inc. v. Jackson (Mo. Ct. App. 1994)
McKemy v. Supreme Lodge A. O. U. W. (6th Cir. 1910)
Pizer v. Hunt (Mass. 1925)
Pizer v. Hunt (Mass. 1925)
George W. Thomas, in Error v. South Side Elevated Railway Company (Supreme Court of the United States 1909)
Thomas v. South Side Elevated Railway Co. (Supreme Court of the United States 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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