City of New York Municipal Court, 1893

Seligman v. Schmidt

Seligman v. Schmidt
City of New York Municipal Court · Decided May 9, 1893 · Ehrlich
23 N.Y.S. 319; 52 N.Y. St. Rep. 520 (New York Supplement)

Counsel

E. Seligman, for appellant., Allan Lee Schmidt, for respondent.

Seligman v. Schmidt

Opinion of the Court

EHRLICH, C. J.

The court below held the answer to he defective, struck out certain portions, and ordered judgment on the balance, with permission to the defendant to correct the errors and deficiencies by amendment. The plaintiff appeals from the part of the order granting this privilege to the defendant. The court below had authority to grant the defendant the liberty to amend. *320It is the power frequently exercised. The discretion was not abused in this instance, and the part of the order appealed from should therefore be affirmed, with costs.

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