Jackson ex dem. Abby v. Smith
New York Supreme Court
Upon a mere notice, unfounded on any affidavit, or other papers, a motion was made to amend the declaration by . . . adding a new demise particularly specified m the notice; and Anonymous, (2 Caines, 261,) was cited.
1Opinion of the Court
Curia.
The motion must be denied. The case cited from Caines has not been followed in practice. Without proof of the fact, we cannot see the necessity of the amendment ; nor even that there is any action pending. Great liberality prevails in allowing these amendments; but they are not merely of course. If so, why not enter a common rule ? Some reason for applying to the court should be *40shown by affidavit, or otherwise. The question of amend-men|. js one 0f discretion, depending on various circum.stances. That the person from whom the demise is sought to ^as a subsisting claim to the premises,…
2Cases cited1 opinion
- Jackson ex dem. Starr v. RichmondNew York Supreme Court · 1809
3Cited by1 opinion
- Sweet v. MitchellWisconsin Supreme Court · 1865