Jones v. Reilly

The order appealed from is modified, by requiring the plaintiffs, as a condition of the amendment, to pay all the taxable costs in the action to the time the amendment was made, and, as thus modified, affirmed, without costs to either party.

I dissent There is not the slightest particle of evidence to show that all the facts in the amended complaint were not known to the plaintiffs at the time of the commencement of the original action, and *1109the rule is well settled, except in this department, that where such is the case a motion to amend.should be denied.