United States Drainage & Irrigation Co. v. Lucas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The United States Drainage and Irrigation Company, from so much of an order of the Supreme Court,' made at the Westchester Special' Term and entered in the office of the clerk of the county of Westchester on the 28th day of December, 1912, as allows the defendant to amend his answer upon the payment of ten dollars costs and disbursements.
1Opinion of the Court
Jenks, P. J.:
The appeal raises the single question whether the terms imposed by the Special Term as a condition for an amendment of the answer are' just. The action is to recover compensation for work done and for material furnished. At trial the court-ruled that the answer did not join issue upon the quantity of work done. The defendant’s motion thereupon made for an amendment of. his answer -so that it joined issue in that respect was denied, but he was permitted to withdraw a juror in order that he might apply at Special Term. That court granted the motion upon payment of $10 costs and of…
2Cases cited1 opinion
- Bruns v. Brooklyn CitizenAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Dedekick v. ConoverAppellate Division of the Supreme Court of the State of New York · 1913
- Dederick v. ConoverAppellate Division of the Supreme Court of the State of New York · 1913
- United States Drainage & Irrigation Co. v. LucasAppellate Division of the Supreme Court of the State of New York · 1916
- United States Drainage & Irrigation Co. v. LucasAppellate Division of the Supreme Court of the State of New York · 1916