Legal Opinion
Blue v. Stout
New York Supreme Court
Decided October 15, 1824PublishedCited by 2 opinions
A motion was made, in this cause, to amend the ae etiam of the capias ad respondendum, which the attorney for the Plaintiff> by mistake, issued in covenant, when it should have been in assumpsit. This was opposed, because special bail had been put in.
1Opinion of the Court
Curia.
The bail have no right to object to the amendment.(a) The motion must be granted, on payment of costs.
Rule accordingly.
Vid. Christie v. Walker, 1 Bingham, 68.
2Cited by2 opinions
- Lane v. BeamNew York Supreme Court · 1854
- McDonald v. WalshNew York Court of Common Pleas · 1857