¶1THE COURT (having'since July, 1S07, decided in suits at law that when an amendment is allowed on payment of costs, the payment of costs is not a condition precedent, but may be enforced, or await the event of the suit) decided, in this case, that the amended answer should be received although the costs were not paid, and thereby overruled the decision made in this suit at July term, 1807. ^
4 F. Cas. 929
Butts v. Chapman
U.S. District Court
Decided June 15, 1809
U.S. District Court · decided 1809-06-15
<p>Case No. 2,357.</p> <p>Amendment on Payment of Costs — Payment as Condition Precedent.</p> <p>When costs are given, on leave to amend, the payment of the costs is not a condition precedent.</p>
Decided 1809-06-15