Legal Opinion

Wakeman v. Sprague

New York Supreme Court

Decided May 15, 1827PublishedCited by 1 opinion

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

  1. Getty v. Hudson River Rail RoadNew York Supreme Court · 1851
  2. Squires v. MalloryNew York Supreme Court · 1819

3Cited by1 opinion

  1. People v. FerrisNew York Supreme Court · 1865

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