Salters v. Genin
The Superior Court of New York City
Appeal from an order refusing leave to amend the complaint. The facts of the case are fully reported, 7 Ante, 193, and 8 Tb., 253, in which latter volume the decision on the order now appealed from is stated.
1Opinion of the Court
By the Court.—Robertson, J.
—This is an appeal from an order made at special term, refusing to allow an amendment of the complaint after a trial, a hearing at general term upon appeal, and a new trial ordered.
The action was commenced in April, 1856, and the issues in it tried in December, 1856; the order for a new trial was made in July, 1858, and the application for leave to amend in March, 1859.
I am well satisfied that the order denying leave to amend was not an appealable one. The power to amend by leave of the court is contained in section 173 of the Code, and the orders from which appeals…
2Cases cited1 opinion
- Phincle v. VaughanNew York Supreme Court · 1851
3Cited by4 opinions
- Field v. StewartThe Superior Court of New York City · 1870
- Morehouse v. YeagerThe Superior Court of New York City · 1874
- Field v. SymsThe Superior Court of New York City · 1864
- Geis v. LoewThe Superior Court of New York City · 1873