Chamberlain v. Crane

Decided May 15, 1827

Superior Court of New Hampshire · decided 1827-05-15

This was a writ of entry in which the demandant originally counted upon his own seizin in fee, but afterwards having obtained leave to amend, counted upon his own seizin ns of freehold. Judgment was rendered in favor of the demandant at May term, 1817. 1 N. II. Rep. G4. But judgment was by mistake entered upon the original instead of the amended count.

Key passage — most relied on by later courts

“with a saving of all rights acquired by third persons under the judgment.”

quoted by 1 later decision, including Owen v. Weston

Relies on President, Directors, & Co. of the Mechanics' Bank v. Minthorne · Lansing v. of Lansing

Good law ✅— No negative treatment on recordhow we know

Decided 1827-05-15

How this case has been cited

Cited by 11 later decisions — most recently June 1911

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

By the court.

¶1We entertain no doubt that judgment was entered upon the original count in this case by mistake instead of the amended count, and that justice requires that the record should be amended. And we are of opinion that the record may be legally amended. 19 Johns. 244, Mechanic's Bank v. Minthorne; 18 Johns. 502, Lansing v. Lansing; 17 ditto 86, Lee v. Curtiss; 14 ditto 219, Bank of Newburgh v. Seymour; 3 D. & E, 349, Rees v. Morgan; 2 Tidd’s Prac. 863; 1 Cowen’s Rep. 9; 5 Burr. 2730, Short v. Coffin; 4 Maule & Selwyn 94, Usher v. Dansey; 1 Taunt. 221, Mann v. Calow; 4 Taunt. 875, Halliday v. Fitzpatrick; 1 Wilson 61; 2 Strange 1209; 4 Burr. 1989. 10 Mass. Rep. 251; 1 Pickering 353.

¶2We grant the leave to amend, but it is granted with a saving of all rights acquired by third persons under the judgment.