Legal Opinion

Hornfager v. Hornfager

New York Supreme Court

Decided January 15, 1850PublishedCited by 2 opinions

Motion by the defendants to set aside the amended complaint in each of these actions, on the ground that matters are alleged therein which had occurred after the service of the original complaint, or, in case such amended complaints are not set aside, that the matters arising after the service of the original complaints, and inserted in the amended complaints, be stricken out. The actions are brought for the partition of lands.

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Motion by the defendants to set aside the amended complaint in each of these actions, on the ground that matters are alleged therein which had occurred after the service of the original complaint, or, in case such amended complaints are not set aside, that the matters arising after the service of the original complaints, and inserted in the amended complaints, be stricken out. The actions are brought for the partition of lands. The original complaints were served on the defendants’ attorney on the 21st of September 1850. On the 18th of December following, and after the defendants in each…

1Opinion of the Court

Harris, Justice.

Amendments to a pleading can only relate, properly, to the time when the original pleading was made, and can only state facts in existence at that time. To introduce matters occurring at a subsequent date, would render the record incongruous. Such matters should be brought before the court by a supplemental pleading (1 Barb. Ch Pr.. 207; 2 do. 63, 64). In this case the interest of the plaintiff William C. Hornfager, having been transferred to Ely after thq original complaints had been served, the remaining plaintiffs should have applied, under the 177th section of the Code,…

2Cited by2 opinions

  1. Lee v. O'ShaughnessySupreme Court of Minnesota · 1873
  2. McCaslan v. LatimerSupreme Court of South Carolina · 1882

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