Diehl v. Dreyer
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by John C. Diehl against Peter B. Dreyer. From an order in favor of defendant, plaintiff appeals. Reversed.
1Opinion of the CourtLaughlin, J.
Upon a former appeal an order referring the issues herein was reversed by this court, with $10 costs and disbursements, and $10 costs of the motion, with this proviso: “The said costs to abide the award of costs by the final judgment." 82 N. Y. Supp. 770. The issues were then brought to trial before the Special Term. A motion made upon the trial by the plaintiff to amend the complaint was denied, but leave was granted to apply to the appropriate part of the Special Term for such relief. The application was made pursuant thereto, and an amendment was asked materially changing the issues. The…
2Cases cited3 opinions
- Bowen v. SweeneyNew York Supreme Court · 1892
- Bowen v. SweeneyNew York Supreme Court · 1892
- Diehl v. DreyerAppellate Division of the Supreme Court of the State of New York · 1903