Bowen v. Sweeney
New York Supreme Court
Appeal from special term, New York county. Action by Michael Bowen against Michael Sweeney and others. After an ■ order imposing terms on which an amended complaint could be filed, a motion for retaxation of costs was made and denied, and defendants appeal. Modified. For decision on appeal from judgment, see 17 N. Y. Supp. 752;
1Opinion of the CourtO’Brien, J.
The action in which the motion is made was brought in partition, and, after one amendment of plaintiff’s complaint, was brought on for trial, and resulted in a judgment in plaintiff’s favor, from which an appeal was taken to this general term, where it was reversed, and a new trial ordered, with costs to defendants to abide the event. 20 N. Y. Supp. 734. The right to amend the complaint upon the trial having been questioned in the opinion of the general term, the plaintiff moved at special term to again amend, which motion resulted in the making of the following order by Mr. Justice Andrews:…
2Cases cited1 opinion
- Bowen v. SweeneyNew York Supreme Court · 1892
3Cited by4 opinions
- Bowen v. SweeneyNew York Supreme Court · 1892
- Skinner v. WhiteNew York Supreme Court · 1893
- Bowen v. SweeneyNew York Supreme Court · 1894
- Diehl v. DreyerAppellate Division of the Supreme Court of the State of New York · 1905