Deyo v. . Morss
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed an order of Special Term denying a motion to strike out an amended or supplemental complaint and granted said motion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed an order of Special Term denying a motion to strike out an amended or supplemental complaint and granted said motion. A- stipulation was entered into between the parties to this action by the terms of which plaintiff was authorized to serve .an amended or supplemental complaint or either and defendant was given thirty days within which to demur or answer. This motion was made on the ground that the so-called amended complaint served was not an amended complaint,…
1Opinion of the Court
Andrews, Ch. J.
The stipulation authorized the plaintiff’s attorney to serve an amended or supplemental complaint,, reserving to the defendants the right to make such motion in relation thereto as they should be advised, and it authorized the defendants to serve an amended or supplemental answer. Before the stipulation was made both parties contemplated making an application to the court for permission to serve amended pleadings. The plain object of the stipulation was to enable the parties, without notice, to do what the court upon application might authorize to be done. The plaintiff’s…
2Cases cited1 opinion
- Brown v. . LeighNew York Court of Appeals · 1872
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