LAW
GPO-CONAN-2017-10-15.pdf

1017 amendment of pleadings is largely within the

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1017 Amendment of pleadings is largely within the discretion of the trial court, and unless a gross abuse of discretion is shown, there is no ground for reversal. Accordingly, where the defense sought to be interposed is without merit, a claim that due process would be denied by rendition of a foreclosure decree without leave to file a supplementary answer is utterly without foundation. 1018 Defenses. —Just as a state may condition the right to institute litigation, so may it establish terms for the interposition of certain defenses. It may validly provide that one sued in a possessory ac- tion cannot bring an action to try title until after judgment is ren- dered and after he has paid that judgment. 1019 A state may limit the defense in an action to evict tenants for nonpayment of rent to the issue of payment and leave the tenants to other remedial ac- tions at law on a claim that the landlord had failed to maintain the premises. 1020 A state may also provide that the doctrines of con- tributory negligence, assumption of risk, and fellow servant do not bar recovery in certain employment-related accidents. No person has a vested right in such defenses. 1021 Similarly, a nonresident defen- dant in a suit begun by foreign attachment, even though he has no resources or credit other than the property attached, cannot chal- lenge the validity of a statute which requires him to give bail or security for the discharge of the seized property before permitting him an opportunity to appear and defend. 1022 Costs, Damages, and Penalties. —What costs are allowed by law is for the court to determine; an erroneous judgment of what the law allows does not deprive a party of his property without due 1016 Young Co. v. McNeal-Edwards Co., 283 U.S. 398 (1931); Adam v. Saenger, 303 U.S. 59 (1938). 1017 Jones v. Union Guano Co., 264 U.S. 171 (1924). 1018 Sawyer v. Piper, 189 U.S. 154 (1903). 1019 Grant Timber & Mfg. Co. v. Gray, 236 U.S. 133 (1915). 1020 Lindsey v. Normet, 405 U.S. 56, 64–69 (1972). See also Bianchi v. Morales, 262 U.S. 170 (1923) (upholding mortgage law providing for summary foreclosure of a mortgage without allowing any defense except payment).. 1021 Bowersock v. Smith, 243 U.S. 29, 34 (1917); Chicago, R.I. & P. Ry. v. Cole, 251 U.S. 54, 55 (1919); Herron v. Southern Pacific Co., 283 U.S. 91 (1931). See also Martinez v. California, 444 U.S. 277, 280–83 (1980) (state interest in fashioning its own tort law permits it to provide immunity defenses for its employees and thus defeat recovery). 1022 Ownbey v. Morgan, 256 U.S. 94 (1921). 2019 AMENDMENT 14—RIGHTS GUARANTEED
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process of law. 1023 Nor does a statute providing for the recovery of reasonable attorney’s fees in actions on small claims subject unsuc- cessful defendants to any unconstitutional deprivation. 1024 Con- gress may, however, severely restrict attorney’s fees in an effort to keep an administrative claims proceeding informal. 1025 Equally consistent with the requirements of due process is a statutory procedure whereby a prosecutor of a case is adjudged li- able for costs, and committed to jail in default of payment thereof, whenever the court or jury, after according him an opportunity to
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