Wakeman v. Sprague
New York Supreme Court
After the plaintiff had declared, and before the defendant answered, the former entered a common rule to amend - . , his declaration; and amended by inserting a different venue from that in the original declaration. A motion was now made to set aside the rule and amended& declaration, as irregular; 1. On the ground that the amendment was premature; 2. That the plaintiff could not amend by altering the venue. cited 16 John. 149; 19 ibid. 175. 175.
1Opinion of the Court
Curia.
Can the plaintiff amend his declaration, before the defendant has answered it ?
*165The 8th rule of April term, 1796, is that he may do so an^ ^me before his default is entered for not replying, or joining in demurrer, or before the lapse of 20 days after £he general issue pleaded. This may be done of course and without costs, only once. It seems to us that the rule was intended to fix a limit beyond which he should not amend; viz., the entry of his default in one case, and 20 days after general issue in the other; and until the one or the other takes place, to allow an amendment. The…
2Cases cited2 opinions
- Getty v. Hudson River Rail RoadNew York Supreme Court · 1851
- Squires v. MalloryNew York Supreme Court · 1819
3Cited by1 opinion
- People v. FerrisNew York Supreme Court · 1865