New York Supreme Court, 1828

Hitchcock v. Post

Hitchcock v. Post
New York Supreme Court · Decided May 15, 1828
1 Wend. 16

Counsel

M. Talcott, for defendant., C. P. Kirkland, for plaintiff.

Hitchcock v. Post

Opinion of the Court

By the Court.

The motion is denied, with costs. The proceedings on the part of the plaintiff were in conformity to the eighth rule of April term, 1796, which authorizes a plaintiff, at any time within twenty days after service of a plea, if it be the general issue, to amend his declaration. This is an amendment of course, and distinguishable from amendments by special order of the court; the practice in relation to which is governed by rules not applicable to this case.

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