Ford v. Ford
New York Supreme Court
A CTIOU brought by cestuis que trust, against their trustee A and others. The complaint was personally served, and an answer having been put in, the plaintiffs demurred thereto; whereupon the defendants served an amended answer. Upon the issue thus joined, the cause was, by stipulation, referred to a referee to hear and determine. On the trial before the referee, the defendants’- moved for leave to amend their answer by adding a count setting up ■ the statute of limitations.
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A CTIOU brought by cestuis que trust, against their trustee A and others. The complaint was personally served, and an answer having been put in, the plaintiffs demurred thereto; whereupon the defendants served an amended answer. Upon the issue thus joined, the cause was, by stipulation, referred to a referee to hear and determine. On the trial before the referee, the defendants’- moved for leave to amend their answer by adding a count setting up ■ the statute of limitations. The plaintiffs objected to the amendment. The referee granted the motion, and made an order allowing the amendment,…
1Opinion of the CourtJames, J.
There seems to be some conflict in the decisions as to the power of the court to allow amendments to pleadings after issue joined. Leave to amend is asked for at different stages of the action; sometimes before trial, sometimes on the trial, and sometimes after trial; and the difference in the - powers of the court at these different stages seems to have been lost sight of in some of the reported cases. So also of the powers of the court at circuit, on the trial, and the special term, on motion.
Before the Code this court possessed and exercised the power of allowing amendments to pleadings…
2Cases cited11 opinions
- The Union Bank of Tennessee v. Jolly's Adm'rs.Supreme Court of the United States · 1856
- Harrington v. SladeNew York Supreme Court · 1856
- Catlin v. HansenThe Superior Court of New York City · 1852
- Beardsley v. StoverNew York Supreme Court · 1852
- Adams v. PrestonSupreme Court of the United States · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Foste v. Standard InsuranceOregon Supreme Court · 1894
- Nevada Mining & Eploration Co. v. RaeNevada Supreme Court · 1923
- State v. District Court Sixth Judicial DistrictWyoming Supreme Court · 1932
- Hill v. London Assurance Corp.City of New York Municipal Court · 1890
- Goldberger v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1893
8 more not listed; retrieve them via the Exa API.