Wehle v. . Conner
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York affirming an order of Special Term denying a motion on the part of defendant for leave to amend his answer. (Reported below, 8 J. & S., 24.) This action was brought against defendant, as sheriff of the city and county of NTew York, to recover damages for not returning three executions issued to him upon judgments in favor of plaintiff.
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Appeal from order of the General Term of the Superior Court of the city of New York affirming an order of Special Term denying a motion on the part of defendant for leave to amend his answer. (Reported below, 8 J. & S., 24.) This action was brought against defendant, as sheriff of the city and county of NTew York, to recover damages for not returning three executions issued to him upon judgments in favor of plaintiff. After the joinder of issue, and after the expiration of the time to answer, defendant made this motion for leave to amend his answer, by setting up as a defense, in substance,…
1Opinion of the Court
Church, Ch. J.
It was discretionary with the court below whether to receive the amended answer or not. The Special Term incorporated into its order the reason for denying the motion, that the proposed answer did not contain a defence, which it is supposed makes it reviewable here. But the General Term affirmed the order, generally, without assigning any reason, and it is at least doubtful whether such an affirmance should be deemed an adoption of the reason of the Special Term as'the only ground of affirmance; and from the opinion it might be inferred that the laches of the defendant…
2Cited by4 opinions
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Wehle v. . ConnerNew York Court of Appeals · 1877
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900
- Parker v. BradleyThe Superior Court of New York City · 1880