Lucius Quintus Cincinnatus Lamar

“ On looking into the record, we find no satisfactory showing as to the citizenship of the plaintiff. The allegation of the amended petition is that the United States Express Company is a joint-stock company organized under a law of the state of New York, and is a citizen of that state. But the express company cannot be a citizen of New York, within the meaning of the statutes regulating jurisdiction, unless it be a corporation. The allegation that the company was organized under the laws of New York is not an allegation that it is a corporation. ”

“ The court erred in proceeding to trial and entering a verdict and rendering judgment against plaintiff in error when he had no notice of the order giving leave to amend, or of such amendment, and had had no time or opportunity to plead to the amended declaration, nor any day in court to answer to or defend against the suit of the new plaintiff.
We do not think the first assignment of error well taken. Amendments are discretionary with the court, below, and not reviewable by this court. ”

“ Sperry, 95 U.S. 401; and Brown v. Keene, 8 Pet. 115. See, also, Menard v. Goggan, 121 U.S. 253, 7 Sup. Ct. Rep. 873; Halsted v. Buster, 119 U.S. 341, 7 Sup. Ct. Rep. 276; Everhart v. Huntsville College, 120 U.S. 223, 7 Sup. Ct. Rep. 555. ”