New York Court of Chancery, 1841

Grim v. Wheeler

New York Court of Chancery · Decided January 19, 1841

3 Edw. Ch. 448; 1841 N.Y. LEXIS 477; 1841 N.Y. Misc. LEXIS 11

Counsel

The Complainant in pro. per., Mr. Hurlbut, for the defendant David E. Wheeler.

Opinion of the Court

The Vice-Chancellor :

The complainant may be permitted to amend his bill, as proposed, omitting the words in brackets.(a) But, upon the affidavit of the defendant, showing that an almost entirely new answer will become necessary, the complainant must pay the costs of putting in the answer now on file, as a condition of allowing the amendment: I Hoff. Pr. 285; and with leave to the defendant also, after the bill shall be amended, to demur thereto, if he shall be so advised.

) These words referred to the amendments, as thus; “ And your orator, (by way of amendment to this his hill of complaint, now) showeth, &c.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.