Morrison Waite

“ But however that may be, we think all the defects which are complained of are such as come within the remedial provisions of the statute, and the amendments asked for may be made, save only that the seal and the signature of the clerk of this court, instead of the circuit court of the Western district of Texas, may be affixed to the writ. If the amendments are made on or before Monday next, the motion to dismiss will be denied; otherwise it will be granted.
The case upon the merits is not of a character to be disposed of on a motion to affirm. ”