LOVELL-McCONNELL MFG. CO. et al. v. INTERNATIONAL AUTOMOBILE LEAGUE

LOVELL-McCONNELL MFG. CO. et al. v. INTERNATIONAL AUTOMOBILE LEAGUE. (Circuit Court of Appeals, Second Circuit. November 12, 1912.) No. 78. Appeal from the District Court of the United States for the Western District of New York. Motion by appellants to amend the petition of appeal, citation, and assignment of errors by substituting for the words and figures “9th of March, 1912,” the words and figures “12th of March, 1912”; the latter being the date of the order which appellants seek to review. J. B. Corcoran, of Buffalo, N. Y., for the motion. Drury W. Cooper, of Now York City, opposed. Before LACOMBE, WABD, and NOYES, Circuit Judges. [MAJORITY — PEB CUBIAM.] PEB CUBIAM. The affidavit submitted by appellants after argument at the suggestion of the court shows that this is an instance of “clerical error,” and we see no reason why the relief should not be granted. There is power to grant such relief, because the original notice of appeal described the order sought to be appealed from, not only by its date, but also by a description of one of the papers on which it was based and of tbe relief it granted. It is merely making certain what, on the papers as they stood, was uncertain. The motion is granted.