Page:Federal Reporter, 1st Series, Volume 9.djvu/689

 e74 7EDEBAL BBPOBTER. �manding cases to allow amendments as prevalling in the supreme court. In Fief cher v. Peck, 6 Cranch, 87, by consent the pleadings were amended by giving substance to a plea otherwise bad. �Numerous cases can be cited where cases have been remanded by the supreme court to allow amendment, none disputing the power or authority of the appellate court to allow the amendment, but alleg- ing the practiee against it. 8 How. 610, before cited. �So that the power of the appellate court to allow amendments may be taken as established, and it remains to be determined only whether there is any well-settled practiee of this court against it, and requir- ing a remanding of the case to do substantial justice. This court is mainly an appellate court for admiralty and revenue cases, and it is only under the bankrupt law that it has any other appellate jurisdic- t:on of any moment. In the two former classes of appeals the prac-, tice is well settled to allow the amendments. In the last class there is no practiee settled that has been called to my attention. Section 636, Eev. St., would seem to give authority to the circuit court to try every appeai case de novo, as it may direct such judgment, decree, or order to be rendered, etc., as the justice of the case may require, �I think the amendment was properly allowed in this case, but it should have been on terms which, however, can be corrected in the decree. The motion to strike out is denied, whereupon the complain- antff are entitled to a decree pro confessa, which is granted — the ap- pellants to pay the costs of the district court and the appellees the costs of this court. ���United States v. Howell and others. (Oircuit Court, W. D. North C'arollna. October Term, 1881.) �1. State Exbmption Laws. �State exemption laws are inapplicable to debts due from a citizen to the United States. �2 Gase Stated. �Upon a return of no property found in excess nf the homestead and personal property exemptions allowed by the constitution and laws of the state upon execution for any debt, on motion by the United States district attorney for an alias execution to be issued to the marshal, and for an order of court direct- ing him to malte a levy and sale of the property without regarding such ex- emptions, hdd, that he was entitled to the order asked for. �In this case an execution was issued upon a judgment obtained by the United States against the defendants upon a wareliouse bond, and the mar- shal made return to this term of the court that no levy was made, as no goods ��� �