Zabriskie v. Wilder
New York Court of Common Pleas
Motion to set aside an amended return upon appeal from a district court in the city of New York. The facts are stated in the opinion.
1Opinion of the CourtVan Hoessen, J.
In Wait’s Practice (vol. 4 p. 449) will be found a form for an additional return voluntarily made by a justice. There is no doubt that this court may, of its own motion, order an amended or a supplemental return, nor is there any doubt that a justice of a district court may himself apply for leave to amend or to supplement his return (Simpson v. Carter, 5 Johns. 350). There is more question as to whether or not a justice may, without obtaining permission of the appellate court, volunteer to make an amended or a supplemental return.
In Barker v. Webster the General Term of the Superior Court of…
2Cases cited2 opinions
- Rudd v. BakerNew York Supreme Court · 1811
- Simpson v. CarterNew York Supreme Court · 1810
3Cited by2 opinions
- Haight v. PotterAppellate Division of the Supreme Court of the State of New York · 1919
- Thomas v. WhitleggeNew York Court of Common Pleas · 1891