Sayre v. Frazer
New York Supreme Court
ÁPPEAL from an order made at a special term, directing that John Orser, late sheriff of the city and county of Hew York, be made a party plaintiff, and that the summons, pleadings Sue. be amended by inserting therein the name of the said John Orser, late sheriff, as a party plaintiff.
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ÁPPEAL from an order made at a special term, directing that John Orser, late sheriff of the city and county of Hew York, be made a party plaintiff, and that the summons, pleadings Sue. be amended by inserting therein the name of the said John Orser, late sheriff, as a party plaintiff. Also permitting the plaintiff to give to said sheriff, nunc pro tunc, the undertaking prescribed by section "238 of the Code, and to amend the complaint by inserting an allegation of. such delivery. Said amendments were ordered to be without-prejudice to any of the examinations, depositions and proceedings…
1Opinion of the Court
By the Court, Sutherland, J.
The question of appealability really involves the question whether the addition to, or alteration in, the complaint, allowed by the order appealed from, was or could properly be called an amendment of the *28original complaint. If it was, or could properly be called an amendment, the order' was clearly a matter of discretion, and was not appealable.
[New York General Term, June 4, 1866.
If A., having declared against B. for an assault, should apply for and obtain an order allowing him to amend his complaint by inserting therein a cause of action for an assault on 0.,…
2Cited by3 opinions
- Dudley v. Broadway InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- O'Neil v. HesterNew York Supreme Court · 1894
- McColl v. Sun Mutual Insurance Co.New York Court of Appeals · 1872