Court for the Trial of Impeachments and Correction of Errors, 1843

Cowles v. Coster

Cowles v. Coster
Court for the Trial of Impeachments and Correction of Errors · Decided February 15, 1843 · Wen
4 Hill & Den. 550

Counsel

H. H. Martin, for the motion, cited Bleecker v. Bellinger, (11 Wend. 179.), -, contra, cited Grah. Pr. 657, 2d ed.

Cowles v. Coster

Opinion of the Court

By the Court,

Co wen, J.

The 23d. rule is that, after plea, either party may, before default for nut answering shall be entered, amend the pleading to be answered. The rule does not extend to a pleading already answered. But there was no need of this motion. The course for the defendant was to treat the amended replication as a nullity.

Motion denied,

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