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23 F. Cas. 908

Thelasson v. Crammond

U.S. District Court

Decided October 15, 1806

U.S. District Court · decided 1806-10-15

<p>Case No. 13,877.</p> <p>Award — Report of Referees — Exceptions — Additional Pacts.</p> <p>When facts to sustain an additional exception to the report of referees, have been discovered, since the period for filing exceptions has passed; the court will allow the additional exception to be filed: although, if no exceptions had been filed in time, the discovery of such circumstances would noi induce the court to allow them to be filed.</p> <p>[Cited in Messenger v. Broom, 1 Pin. 640.]</p> <p>[See Case No. 13,878.]</p>

Decided 1806-10-15

¶1Upon an affidavit that the defendant had not, until last night, discovered ground for an additional exception to the award; THE COURT permitted him to file it, saying; though the same reason might not have been a sufficient one to sanction the filing of exceptions originally, after the four days, because then the cause might be out of the reach of THE COURT; yet, as the cause is depending, an amendment may be made, where the proper foundation is laid for asking the indulgence.

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