Sackett v. Thompson
New York Supreme Court
T. A. Emmet, in behalf of the plaintiff, moved for leave to amend the declaration in this cause, by striking out all that part contained between the words, “ in custody, &c.” and the words “ damage in three thousand dollars,” and inserting instead thereof, a new count, or if such count was not thought proper, to add two other . D r 1 COUntS- From the affidavits read on the part of the defendant, 1 7 it appeared that a suit was commenced in March, 1802, * 1 _ by the plaintiff…
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T. A. Emmet, in behalf of the plaintiff, moved for leave to amend the declaration in this cause, by striking out all that part contained between the words, “ in custody, &c.” and the words “ damage in three thousand dollars,” and inserting instead thereof, a new count, or if such count was not thought proper, to add two other . D r 1 COUntS- From the affidavits read on the part of the defendant, 1 7 it appeared that a suit was commenced in March, 1802, * 1 _ by the plaintiff against the defendant, and was brought onto trial in January, 1803, and evidence given to the jury on both sides; but…
1Opinion of the Court
Per Curiam,.
In the case of Cope against Marshall,* the court refused to allow an amendment which alleged a siew cause of action, and it was observed, that the amendments in the cases of Bearcroft v. the Hundreds of Burnham & Stone,† and of the Dutchess of Marlborough against Wigmore,‡ cited for the plaintiff, were allowed under very peculiar circumstances, as in each case, the statute of limitations would have been a bar to a new suit. It was further observed, that the amendment would be against the general rule of law, that after an action has been commenced for two terms, an amendment…
2Cases cited1 opinion
- Tobias v. HarlandNew York Supreme Court · 1828
3Cited by6 opinions
- Ford v. FordNew York Supreme Court · 1868
- The CorozalDistrict Court, E.D. Louisiana · 1884
- The HarmonyU.S. Circuit Court for the District of Massachusetts · 1812
- Tryon v. MillerSupreme Court of Pennsylvania · 1835
- Bogart v. M'DonaldNew York Supreme Court · 1801
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