Wyman v. Remond
New York Supreme Court
Motion to substitute new referee. The action was commenced on the 16th of December, 1857, by the service of a summons and complaint. On the 23d of January, 1858, and within the time allowed the defendant, by an order obtained for that purpose, an answer was served. The answer contained a counter-claim. On the 10th of February the plaintiff served a reply to the counter-claim. On the first of March the defendant served an amended answer.
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Motion to substitute new referee. The action was commenced on the 16th of December, 1857, by the service of a summons and complaint. On the 23d of January, 1858, and within the time allowed the defendant, by an order obtained for that purpose, an answer was served. The answer contained a counter-claim. On the 10th of February the plaintiff served a reply to the counter-claim. On the first of March the defendant served an amended answer. This answer did not contain the counter-claim, but set up the statute of limitations. The attorney for the plaintiff returned the amended answer, with a…
1Opinion of the Court
Harris, Justice.
The real question which the parties seek to have determined by this motion is, whether the defendant had a right to amend his answer by inserting therein a new defence. Upon this question, different views have been entertained. In Hollister agt. Livingston (9 How. 140), it has been examined by Mr. Justice T. R. Strong, with his usual care, and his conclusion was, that the amendments authorized by the 172d section of the Code are restricted to the matters of the original pleadings. The question was again considered by Mr. Justice Mitchell, in Thompson agt. Minford (11 How.…
2Cited by2 opinions
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- Fielden v. CaselliNew York Supreme Court · 1863