Mann v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William D’Alton Mann, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of October, 1909, directing plaintiff’s attorneys to accept service of a certain amended supplemental answer.
1Opinion of the Court
Laughlin, J.:
When the pleading which, by the order now tinder review, the plaintiff is obliged to accept, was served, on his attorney, it was returned with due notice of objection that in so far as it purports to amend the second defense, it was unauthorized because the changes made in. that defense did not make it materially different from the condition of the pleading at the time a demurrer thereto was sustained, and that in so far as the alleged third and partial defense and alleged, fourth and separate defense contained in the original answer are amended, the same was without authority…
2Cases cited5 opinions
- Robertson v. Rockland Cemetery Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Mann v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Fielden v. CaselliNew York Supreme Court · 1863
- Lange v. HirschAppellate Division of the Supreme Court of the State of New York · 1899
- Otten v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Reiner v. KaneNew York Supreme Court · 1960
- Anello v. KussNew York Supreme Court · 1956
- Genung v. HawkesAppellate Division of the Supreme Court of the State of New York · 1911
- Walton Foundry Co. v. A. D. Granger Co.Appellate Division of the Supreme Court of the State of New York · 1922