Ross v. Dinsmore

Hogeboom, Justice.

Section 172 of the Code, gives to a party the right to amend any pleading once, as a matter of course, either before or after a reply to it shall have been made. This right is a statutory one, and is absolute and unqualified, with the single restriction that it shall not be exercised for purposes of delay.

In this case, the plaintiff having served his complaint, the defendants moved to strike out portions thereof, as irrelevant and redundant. This motion was granted. This cannot be considered an amendment within the meaning of this section. It was the act of the court, and…