Court for the Trial of Impeachments and Correction of Errors, 1842

Jones v. Williams

Court for the Trial of Impeachments and Correction of Errors · Decided December 15, 1842 · Bronson

4 Hill & Den. 34

Counsel

J. E. Carey, for the defendants,, A. Taber, for the plaintiff,, Carey said the plaintiff should have given notice of a cross motion for leave to amend; and as three different attorneys had been employed for the defendants, and each had given notice of this motion for his own clients, they were entitled to the costs of three motions.

Opinion of the Court

*35By the Court,

Bronson, J.

It is now the settled practice to allow trifling mistakes of this kind to be amended on the motion to set aside the proceedings, and without putting the party to a cross motion for that purpose. As to costs, the principle contended for would enable these nine defendants to recover ninety dollars costs for an error of no great importance. It is enough to allow one bill.

Ordered accordingly.

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