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MEXICAN CENTRAL RY. CO., LTD. V. DUTHIE, 189 U. S. 76 (1903)

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U.S. Supreme Court

Mexican Central Ry. Co., Ltd. v. Duthie, 189 U.S. 76 (1903)

Mexican Central Railway Company, Limited v. Duthie

No. 336

Submitted March 23, 1903

Decided April 13, 1903

189 U.S. 76


Under section 954, Rev.Stat., the circuit court has power in its discretion to allow plaintiff to amend his petition after judgment has been entered in his favor, but while the court still has control of the record, and it is not an abuse of such discretion to permit an amendment setting up plaintiff's citizenship, the fact being established and residence only having been pleaded, and where it appears that, had the amendment not been made as it was, the circuit court of appeals would have been constrained to reverse and remand with leave to make the amendment.

The case is stated in the opinion of the Court.

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