Holm v. Appelby
New York Supreme Court
Motion to compel the acceptance of service of an amended complaint. The complaint was served on ¡November 11, 1898; the answer containing a counterclaim, on January 14, 1899, and the reply on February 1st, following. On. the 21st day of the last-mentioned month, an amended complaint was served by mail, which was subsequently returned upon the ground that the time to serve the same had expired. The plaintiffs then made this motion.
1Opinion of the CourtGiegerich, J.
There seems to be ño reason to doubt the plaintiffs’ good faith, and the only point in dispute is as tó whether the complaint could be amended, as of course, under section 542 of the Code of Civil Procedure, within twenty days after, service of plaintiffs’ reply to the defendant’s counterclaim, I am clearly of the opinion that it could not. The obvious 'purport of the statute is that a .party may amend his pleading before, or within twenty days after his opponent pleads to that pleading. When the time for joining an issue of law or fact upon a pleading has expired, and issue is joined, there…
2Cases cited1 opinion
- Seaman v. McCloskyCity of New York Municipal Court · 1898