Clifton v. Brown

Brady, P. J.:

It appears that on the 11th of January, 1882, a demurrer to the complaint was served upon the plaintiff’s attorney. On the following day he served a notice of trial of the issue of law for the first Monday in February. The defendant’s attorney served a similar notice. On the twenty-sixth of January the plaintiff’s 'attorney *232served an amended complaint, wbicb was returned on tbe next day, upon tbe ground that tbe right to serve tbe same bad been waived by tbe service of notice of trial. Tbe defendant thereupon moved to strike out tbe complaint. His motion was denied, and hence…