New York Supreme Court, 1820

Siver v. North

Siver v. North
New York Supreme Court · Decided October 15, 1820
18 Johns. 310

Counsel

E. Williams, for the plaintiff, moved tq set aside the default., Starkweather, contra.

Siver v. North

Opinion of the Court

Per Curiam.

The plaintiff cannot.amend his declaration, as of course, by adding a new count 5 nor can the defendant amend his plea, of course, by adding a new plea. It can only be done by leave of the Court, on special application for that purpose. On this ground, the motiou ought to be denied; but as there appears to have been a mistake on the part'of the plaintiff’s attorney, as to the practice, we grant the rule, on payment of costs.

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