Clark v. Judson
New York Supreme Court
In Equity. The bill in this cause had been sworn to and filed with the clerk of St. Lawrence county. It asked for an injunction, in the prayer for relief and also in the prayer of process; but no injunction had been issued. Service of a subpoena had been made on part of the defendants; some of whom had given notice of an order to deliver bill, &c. The plaintiffs, in this stage of the cause, discovered that it was necessary to make other persons defendants.
Read the full summary
In Equity. The bill in this cause had been sworn to and filed with the clerk of St. Lawrence county. It asked for an injunction, in the prayer for relief and also in the prayer of process; but no injunction had been issued. Service of a subpoena had been made on part of the defendants; some of whom had given notice of an order to deliver bill, &c. The plaintiffs, in this stage of the cause, discovered that it was necessary to make other persons defendants. Their solicitor prepared amendments to that effect, and had them duly verified, and applied to the clerk of the courts of St. Lawrence to…
1Opinion of the CourtHand, J.
Formerly, no sworn bill could be amended except upon special leave, granted on notice to the opposite party. But by rule 43 of the late court of chancery, (as revised in 1837,) and which has been adopted by the present supreme court, (Equity Rules, No. 34,) sworn bills, except injunction bills, may be amended of course, and without entering any rule or order, if the amendments are merely in addition to, and not inconsistent with, whaf is contained in the original bill. The proposed amendments in this case are of this bind, and should have been made, if this is not an injunction bill. And no…
2Cases cited2 opinions
- People ex rel. Hawley v. BennettNew York Court of Chancery · 1833
- Byrne v. RomaineNew York Court of Chancery · 1832
3Cited by3 opinions
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
- Culver v. HollisterNew York Supreme Court · 1864
- State v. Judge of the Fourth District Court ex rel. Bellocq, Noblom & Co.Supreme Court of Louisiana · 1866