Carpenter v. Adams
New York Supreme Court
Appeal from an order denying a motion for judgment on a demurrer as frivolous, and also from an order denying a motion to strike out an answer on the ground that it was improperly served, and also on the ground- that it was frivolous or sham.
1Opinion of the Court
Davis, P. J.:
Before the motion was heard, the defendants withdrew the demurrer and amended their pleadings by serving an answer. It is insisted that they had no power to do this, or, in other words, that the serving of an answer on withdrawing a demurrer is not an amendment of a“ pleading within the ¿leaning of the Code. We are, however, of opinion that at any time within twenty days after the service of a demurrer a party may amend his pleadings, by withdrawing the demurrer and interposing an answer. The right to amend pleadings is an absolute one within the prescribed period of time, and is…
2Cases cited3 opinions
- Thompson v. American Tontine Life & Savings InsuranceNew York Court of Appeals · 1871
- Joseph Dixon Crucible Co. v. New York City Steel WorksNew York Supreme Court · 1870
- Ledgerwood Manufacturing Co. v. BairdThe Superior Court of New York City · 1884