Jackson v. Kough
New York Supreme Court
DECLARATIONS had been served in these causes nearly six years ago. Van Vecten moved to amend by inserting several e mises from different lessors; Metcalf opposed it on the ground that it might vary the * t r , fennnt s dcience»
1Opinion of the Court
Van Vecten observed, that in the Warren-Bush cases, the same thing had been done. If the defendant rehnquish his defence, then all the costs heretofore incurred áre to be paid ; if he abide by it, then there is no injury done. The costs in the first case must be paid up to the day. This the plaintiff is willing to do, and accept any plea so that the cause might be brought on at the next circuit.
Per curiatn. Amend on those terms.
2Cited by2 opinions
- Union Bank v. MottNew York Supreme Court · 1860
- Jackson ex dem. Harris v. MurrayNew York Supreme Court · 1823