Melville Fuller

“ By § 954 of the Revised Statutes (U.S.C.omp. Stat. 1901, p. 697) it was provided that the trial court might 'at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as it shall, in its discretion and by its rules, prescribe;' and since the trial court in the present case still had control of the record, it had jurisdiction to act, and we may add that we do not perceive that there was any abuse of discretion in permitting the amendment in the circumstances disclosed. Mexican C. R. Co. ”

“ Ct. Rep. 859; The Tremolo Patent, 23 Wall. 518, sub nom. Tremaine v. Hitchcock, 23 L. ed. 97. If the statutes of Texas forbade such an amendment, the law of the United States must govern. Phelps v. Oaks, 117 U.S. 236, 29 L. ed. 888, 6 Sup. Ct. Rep. 714; Southern P. Co. v. Denton, 146 U.S. 202, 36 L. ed. 943, 13 Sup. Ct. Rep. 44.
The suggestion that defendant was cut off from trying the fact as to plaintiff's citizenship is without merit. The record does not disclose that defendant sought to contest plaintiff's affidavit, and for aught that appears the fact may have been conceded. ”