Taft v. Delsener

The affidavit of service of the summons in this action shows that it was served on the defendant Delsener “ on the 1st day of December, 1940.” On discovering that December 1, 1940, fell on a Sunday, the plaintiff moved to amend the affidavit to show that the summons was served on Monday, December 2, 1940, when it was actually served. Defendant objects to this amendment on the ground that the court has never acquired jurisdiction and has no right to grant such amendment.

This dispute brings up the question as to when an affidavit in support of a paper filed with the court may be amended for…