Legal Opinion · Dissent

Copeland v. Hugo

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1925Published

1DissentDavis, J.

The grounds of my dissent are to be found in the opinion of the majority of my associates. It has always been considered essential in appljdng' to the court for leave to amend a pleading, whether at Special Term or on the trial, that the nature of the amendment be definitely stated, so that the other party may be heard to state the grounds of his opposition to the motion. The record, even after the unrecorded “ conference,” indicates that the nature of the amendment sought was still undetermined in the mind both of plaintiff's counsel and the court.

*231Counsel said: “ I ask leave of the Court to…

2Cases cited4 opinions

  1. Deyo v. . MorssNew York Court of Appeals · 1894
  2. Brown v. . LeighNew York Court of Appeals · 1872
  3. Truman v. LesterAppellate Division of the Supreme Court of the State of New York · 1902
  4. Doon v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1905

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