New York Supreme Court, 1825

Fuller v. Roosevelt

New York Supreme Court · Decided February 15, 1825

4 Cow. 144

Counsel

J. I. Roosevelt, Jun. moved to vacate this order as irregular. He said the Recorder had not power to grant it., S. S. Gardner, contra. This Court has made no decision declaring the extent of the power which a Judge at chambers has over bills of particulars.

Opinion of the Court

Curia.

We think the Recorder did not possess the power to allow this amendment. It was not a chamber power *146at this stage of the cánse, but belonged to the Court The order must he vacated \ hut the whole case being, how before’ us, wé allow the amendment, on- payment of the costs Of this motion.

Rule accordingly.

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