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4 Del. 204

Brown v. Smyth

Superior Court of Delaware

Decided July 1, 1844

Superior Court of Delaware · decided 1844-07-01

The sheriff of New Castle county, by his petition, represented that he had sold the lands of Thomas Smyth, the defendant, by virtue of a writ of levari facias, at the suit of David Brown, executor of Thomas Pusey, for the sum of $2,235, and that there was a balance in his hands of $488 07, which was claimed by sundry judgment creditors of the said Thomas Smyth, to wit: by Abel Jeans on two executions ; by Reader, for the use of Benjamin Chandler; and also by the defendant…

Decided 1844-07-01

Court.

¶1—The motion is to amend the judgment against Smyth by *206adding the name of Wm. J. Reader. The- judgment is a several judgment against Smyth, on a joint warrant to confess judgment against Reader and Smyth. The court has no authority to authorize a judgment different from the power of attorney; and the entry of a judgment different from the power is unauthorized, and cannot in any form be cured. The application to amend by inserting a new defendant is an application after judgment, not merely to amend, but to make a judgment, including the making new parties. Such an» amendment cannot be allowed.

Gray, for the motion.Wales and Chandler, contra.

¶2Amendment refused; and judgment stricken out.

¶3The parties now compromised; and the rule was made absoluto for the payment of the balance in court to the defendant, Smyth..

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