Lintzenich v. Stevens
New York Supreme Court
On motion to compel defendants’ attorneys to receive an amended complaint, or, upon their refusal, to substitute the amended complaint for the-original complaint; Code Civil Proc. § 542, provides that “ within 20 days after a pleading or the answer or demurrer thereto is served, or at any time before,' the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.”
1Per curiam
The original complaint in this action was served upon defendants’ attorney, "November 9, 1887. One of the original defendants died about January 21,1888, and upon stipulation of defendants’ attorneys an order ■was made bringing in his executors as defendants in his place. On the 28th of February, 1888, defendants’ attorneys made a motion to compel plaintiff to separately state and number the causes of action, and to strike out portions of the complaint, upon which motion an order was made directing that the causes of action should be separately stated and numbered, and the complaint so…
2Cases cited8 opinions
- White v. Mayor of New YorkThe Superior Court of New York City · 1857
- Jeroliman v. CohenThe Superior Court of New York City · 1852
- Thompson v. Minford & CammNew York Supreme Court · 1855
- Sands v. CalkinsNew York Supreme Court · 1865
- Ross v. DinsmoreNew York Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Freyhan v. WertheimerNew York Supreme Court · 1907