The Superior Court of New York City, 1851

McCrane v. Moulton

The Superior Court of New York City · Decided May 10, 1851 · Mason

3 Sandf. 736

Counsel

A. Mathews, for the defendant., G. Woodman and G. JBarstow, for the plaintiffs.

Opinion of the Court

Mason, J. (with the concurrence of all the justices.)

A summons cannot be amended without leave of the court. Section 172 of the code, allowing a pleading to be once amended of course, does not apply to a summons, which is not a pleading, but process. The power of amendment is in terms confined to the court by § 173.

The motion to set aside the amended summons in each case is granted without costs.

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