Wood v. McGuire
City of New York Municipal Court
Appeal from trial term. Action by John H. Wood against James J. McGuire. From an order at trial term permitting plaintiff- to amend, and setting the cause down for trial for a day certain, defendant appeals.
1Opinion of the CourtO’Dwyer, J.
The part of the order appealed from is the permission given to plaintiff, in the order at trial term, to amend his complaint, and setting the case down for trial on the first Monday of December. The cause coming on for trial, and the plaintiff desiring to amend his complaint, and defendant declining to go on with the trial, on plaintiff’s application a juror was withdrawn, and the order appealed from granted.
The court has the power, in a proper case, to amend the pleadings at the trial, and let the trial proceed, but that is not this case. Here the trial was stopped by the withdrawal of a…
2Cases cited6 opinions
- Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1898
- Ziegler v. TrenkmanAppellate Division of the Supreme Court of the State of New York · 1898
- Romaine v. BowdoinNew York Supreme Court · 1893
- Gair v. BirminghamThe Superior Court of the City of New York and Buffalo · 1891
- Keilty v. TraynorNew York Supreme Court · 1898
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3Cited by1 opinion
- Jones v. Chicago, Burlington & Q. R.Wyoming Supreme Court · 1915