Jeroliman v. Cohen
The Superior Court of New York City
The summons and complaint were served on the 12th of May. 1852. On the 26th of June, an order was made on defendant’s motion, and after hearing counsel for both parties* which directed that specific parts of the complaint be stricken out, as “ irrelevant and redundant,” and that other certain parts be made more definite and certain; and denied so much of defendant’s motion as asked to have certain other portions stricken out, and still other portions made more definite and…
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The summons and complaint were served on the 12th of May. 1852. On the 26th of June, an order was made on defendant’s motion, and after hearing counsel for both parties* which directed that specific parts of the complaint be stricken out, as “ irrelevant and redundant,” and that other certain parts be made more definite and certain; and denied so much of defendant’s motion as asked to have certain other portions stricken out, and still other portions made more definite and certain. The order of the 26th of June specified no time within which the plaintiffs were to make their complaint more…
1Opinion of the CourtBosworth, J.
(All the judges having been consulted, and *631assenting to the decision made.) Is the amended complaint irregular, solely on. the ground that it was not served in time ? A complaint may be once amended, by the party of course, at any time before the period for answering it expires (Code, § 112), or at any time within twenty days after the service of an answer or demurrer.
The time for answering the complaint has not expired. The defendant is entitled to twenty days in which to answer it after it shall have been made more definite and certain, as directed by the order of the 26th of June.
That…
2Cited by5 opinions
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