Legal Opinion

Morrell v. Pixley

New York Supreme Court

Decided May 15, 1815PublishedCited by 2 opinions

i SLOSSON,. for the plaintiilfe, moved for leave to amend the-bail-piece filed in this, causé, by striking- oüt the words, “ Trespass on the cáse,” and inserting, in their place, the Word debt. The writ and declaration were in debt, and: special bail was put in, in June, 1813. Judgment was obtained in January term, 1-814, on Which a ca.' sa." was issued, and returned nonest inventus.

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i SLOSSON,. for the plaintiilfe, moved for leave to amend the-bail-piece filed in this, causé, by striking- oüt the words, “ Trespass on the cáse,” and inserting, in their place, the Word debt. The writ and declaration were in debt, and: special bail was put in, in June, 1813. Judgment was obtained in January term, 1-814, on Which a ca.' sa." was issued, and returned nonest inventus. In September following the suit was commenced against the bail, and' in February last, a declaration was filed, to which thé defendants, in- March last, pleaded nut tiel record. It appeared' that in October or…

1Per curiam

This amendment cannot be allowed ;* especially after ah attempt of 'thé bail to surrender their principal, and when it might be to their prejudice. There appears also to have been a loches 'on the part df the plaintiffs, in not making (he application sooner.

2Cited by2 opinions

  1. Ex parte HunterSupreme Court of Alabama · 1865
  2. Mahurin v. BrackettSuperior Court of New Hampshire · 1829

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