Wood v. McGuire
City of New York Municipal Court
Appeal from part of an order made at a Trial Term, permitting ‘the plaintiff to amend his complaint and setting case down for trial.
1Opinion of the CourtO’Dwyer, J.
The part of the order appealed from is the permission given to the plaintiff in the order at Trial Term to amend his complaint, 'and setting the case down for trial on the first Monday of December. ' !
*201The cause coming on for trial, and the plaintiff desiring to amend his complaint and defendant declining to go on with the trial, on plaintiff’s application a juror was withdrawn and the order appealed from granted. .- '.
The court had the power in a proper case to amend the pleadfings at the trial and let the trial proceed, but that is not this case. Here the .trial was stopped % the withdrawal…
2Cases cited4 opinions
- Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1898
- Ziegler v. TrenkmanAppellate Division of the Supreme Court of the State of New York · 1898
- Romaine v. BowdoinNew York Supreme Court · 1893
- Keilty v. TraynorNew York Supreme Court · 1898