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· 11/21/1870

Washington Railroad v. Bradleys

Citations

  • 77 U.S. 299
  • 19 L. Ed. 894
  • 10 Wall. 299
  • 1869 U.S. LEXIS 1066

Syllabus

<p>1. It is a gross irregularity to hear a case without some terms imposed, on an amended bill filed after replication, without leave of the court.</p> <p>2. So it is an irregularity to go to hearing without replications to answers.</p> <p>3. A petition by “ way of cross-bill,” which makes nobody defendant, which prays for no process, and under which no process is issued, is a nullity.</p> <p>4. A decree on such a bill, praying the reverse of what the original bill prayed, is fatally erroneous. Nor will the fact that objection was not made below, cure a combination of errors so large and so grave as above indicated.</p>

Judges: Swayne

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