Thomas v. Leonard
New York Supreme Court
Arrest of judgment. The suit was commenced by declaration on the 15th September, 1832, on a promissory note due on the first, of that month. The declaration, instead of being specially entitled was entitled generally of July term, 1832. The defendant appeared and pleaded the general issue; the cause was tried and the plaintiff had a verdict.
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Arrest of judgment. The suit was commenced by declaration on the 15th September, 1832, on a promissory note due on the first, of that month. The declaration, instead of being specially entitled was entitled generally of July term, 1832. The defendant appeared and pleaded the general issue; the cause was tried and the plaintiff had a verdict. The defendant now moved in arrest of judgment, for that by the record it appeared that the suit was commenced before the cause of action accrued.
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judgment must- be arrested, unless leave be given to amend. The error is fatal, but it is merely clerical, and the plaintiff should be permitted to amend, on payment of costs. Leave to amend may with as much propriety be given on the argument of a motion in arrest as on the argument of a demurrer. The plaintiff, therefore, is permitted to amend, on payment of all the costs of the defendant, and after such amendment, is entitled to judgment on his verdict. See 5 Wendell, 112.
2Cases cited1 opinion
- Soper v. SoperNew York Supreme Court · 1830
3Cited by1 opinion
- Kellogg v. BakerThe Superior Court of New York City · 1862