Stafford v. Howlett
New York Court of Chancery
The complainants, as execution creditors of Simeon West, filed their original bill against him and two others, for the purpose of obtaining satisfaction of their debt out of his property which had been placed beyond the reach of their execution.
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The complainants, as execution creditors of Simeon West, filed their original bill against him and two others, for the purpose of obtaining satisfaction of their debt out of his property which had been placed beyond the reach of their execution. After the other two defendants had answered, the complainants filed their supplemental bill against West, one of the original defendants, and Howlett, who was not a party *to the former proceedings, alleging that West had assigned portions of his property to Howlett, for the purpose of defrauding the complainants, and defeating their original bill. To…
1Opinion of the Court
The Chancellor :—It is a well settled rule that nothing can be inserted in an original bill by way of amendment which has arisen subsequent to the commencement of the suit, but the same must be stated in a supplemental bill. On the other hand, matters which arose previous to the filing of the original bill, although discovered by the complainant afterwards, should be introduced into the same by way of amendment, provided the cause is in that stage in which an amendment is allowable. (Mitford’s Pleadings, 60.) If the cause has progressed so far that an amendment cannot be made, or if material…
2Cited by12 opinions
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- Birmingham v. LesanSupreme Judicial Court of Maine · 1885
- Bank of Kentucky v. Schuylkill Bank, Pennsylvania Court of Common Pleas, Philadelphia County1846
- White v. AllenWashington County Circuit Court, Oregon · 1869
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