Dumond v. Carpenter
New York Supreme Court
This cause was brought before this court, by a writ of error, from the court of common pleas in the eounty of Ulster. now moved to amend the record below by suggesting thereon the death of Van Gaasbeck, one of the defendants below.— One of the errors assigned was, that this defendant had died before the interlocutory judgment had been entered. He cited 5 Term, 577. Coleman's Cases, 41. 61.
1Per curiam
The defendant in error may amend on paying costs to the plaintiff, if he elect to receive them and discontinue his writ. The case of Hamilton v. Holcombe* is in point.
Rule granted.
Col. Cases, 61.
2Cited by2 opinions
- Stoetzell v. FullertonIllinois Supreme Court · 1867
- Brown v. The CadmusU.S. Circuit Court for the District of Southern New York · 1856