General

Arnold Boone v. John Janney

2 D.C. 3122 Cranch 312·United States Circuit Court of the District of Columbia·1822

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Opinion

Arnold Boone v. John Janney. The mistake of the clerk in misnaming one of the parties in a commission to take the deposition of a witness, may be amended by the order in case of the death of the witness before the trial. An order had been given to the clerk to issue a commission to take the deposition de bene esse of one J. B. Hewes, in the cause of Arnold Boone v. John Janney. The clerk, in the commission, had misnamed the defendant Thomas, instead of John. After the deposition was taken, the witness died before the trial. Mr. Jones, for the plaintiff, moved for an order to the clerk to amend the commission; it being a clerical error, there being no such suit against Thomas. Mr. Sivann, for the defendant, objected. [MAJORITY — the CouRt] But the CouRt overruled the objection, and ordered the amendment.