Cook v. Matteson
Superior Court of Buffalo
Appeal from special term. Action by John A. Cook against Judiah H. Matteson. From an order directing an amended answer to be made more definite and certain, defendant, appeals.
1Opinion of the CourtHatch, J.
The motion in form was to amend the answer, but the recitals-in the order as entered show that the amended answer had been, or was then, served, and that by consent the whole was considered. As the amended answer superseded the original, and the parties appeared by consent and argued the motion, and the order was to make the amended answer more definite, the court must now treat it as thougli the motion was to correct the-amended answer, as that was the only pleading to which the.motion could be-made applicable and effectual at the time it was heard. It will not be presumed that the court…
2Cases cited6 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Brown v. . ChamplinNew York Court of Appeals · 1876
- People of the State of N.Y. v. . TweedNew York Court of Appeals · 1875
- Williams v. FolsomNew York Supreme Court · 1890
- McCarthy v. New York Central & Hudson River RailroadThe Superior Court of the City of New York and Buffalo · 1889
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3Cited by2 opinions
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Kelly v. KellyThe Superior Court of the City of New York and Buffalo · 1895