Gormley v. Bunyan

Citations

• 138 U.S. 623
• 11 S. Ct. 453
• 34 L. Ed. 1086
• 1891 U.S. LEXIS 2353

Syllabus

<p>The granting or refusal of leave to file an additional plea, or to amend one already filed, is discretionary with.the court below, and not reviewable by this .court, except in a case of gross abuse of discretion.</p> <p>C lent money to plaintiffs in error, taking their notes payable to their own order indorsed in blank. • He held the notes at the time of his death, and they came into possession of • his executors who filled in .the blank indorsement with a direction to pay to the order of B and M, executors of C, and sued in assumpsit to recover on them. The declaration contained a special count on the notes describing therm, as having been indorsed and delivered to C, and the usual common counts in which the transactions were all alleged to have taken place, with C. Held, that, as to the special count the variance could be cured'by amendment, and as to the general counts the notes offered conformed in legal effect to the allegations' set forth in them</p> <p>The heading of a notice to take a deposition in this cause read: “ United States of America, State of Illinois, County of Cook, ss: In the Circuit Court of the United States; ” and the notice was that the deposition would be taken “ bei me William G. Peckliam, Esq., notary public, or some other officer authorized by law to take depositions.” The deposition was in fact taken before another notary, so authorized. Held,</p> <p>(1) That the heading, though not technically correct, was substantially so;</p> <p>(2) That the taking of the deposition was perfectly regular.</p> <p>In Illinois payments by the mortgagee for taxes and redemption of tax certificates made after the sale, may be taken out of the proceeds of the sale of th^ property.</p> <p>The only way in which statutes of limitation are available as a defence is when they are, at the proper time, specially pleaded.</p> <p>The courts of the United States take judicial notice of all the public statutes of the several States.</p> <p>In an action brought by a