Lion ex dem. Eden & Wood v. Burtis
New York Supreme Court
IN the above cause, and nine other suits on the same demises, Burr, for the plaintiff, moved for leave to amend count of the declaration, by inserting the sixth day °f May, instead of the “ first day of May,” 1819. Andfor leave to amend the demise in the third count, in each of , _ the declarations, by striking out the words, “ John Wood, ** ^ ' * otherwise called John Wood, Junr. assignee of Medcef Edenand, also, by striking out the words, “ in the year aforesaid,” and…
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IN the above cause, and nine other suits on the same demises, Burr, for the plaintiff, moved for leave to amend count of the declaration, by inserting the sixth day °f May, instead of the “ first day of May,” 1819. Andfor leave to amend the demise in the third count, in each of , _ the declarations, by striking out the words, “ John Wood, ** ^ ' * otherwise called John Wood, Junr. assignee of Medcef Edenand, also, by striking out the words, “ in the year aforesaid,” and inserting in their place, the words “ in the year of our Lord, 1813.” And for leave to entitle the declarations, specially,…
1Per curiam
With respect to the causes which have not been tried, there can be no objection to granting the amendment asked for. The Court have permitted a new demise to be added six years after service of the declaration. (1 Caines 251.) The application here is to amend the day of the demise, to make it conformable to an actual lease, made after entry to avoid a fine. This amendment may be important, and deprive the defendants of the only defence they had to make. They must, therefore, have twenty days to elect, whether they will continue to defend; and in such case, the defendants will be entitled to…
2Cited by5 opinions
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