Freyhan v. Wertheimer

After service of the complaint by mail the defendants obtained and served an order to show cause returnable on December 24, 1906, to compel the plaintiff to amend his complaint by separately stating and numbering his causes of action. After some communications had parsed between the attorneys for the respective parties they agreed, by stipulation, dated December thirty-first, that such motion might be withdrawn. The copy stipula*637tion attached to the moving papers recites thai “ the above named plaintiff having served an amended complaint as of course, with the causes of action stated, it is…