Babcock v. Lipe
Court for the Trial of Impeachments and Correction of Errors
Error from the Montgomery common pleas. Lipe sued Babcock before a justice of the peace, and declared upon an account for a quantity of plank sold, and the defendant pleaded the general issue. The cause was then adjourned, by consent, to a future day, and a venire was issued at the instance of the defendant.
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Error from the Montgomery common pleas. Lipe sued Babcock before a justice of the peace, and declared upon an account for a quantity of plank sold, and the defendant pleaded the general issue. The cause was then adjourned, by consent, to a future day, and a venire was issued at the instance of the defendant. At the adjourned day, which was the 19th April, 1843, the defendant applied for, and by showing cause on oath, obtained a further adjournment until the first day of July following. After the justice had decided to grant the application for an adjournment, the plaintiff proposed to add a…
1Opinion of the Court
By the Court, Jewett, J.
The justice was right in allowing the plaintiff below to add a new count to his declaration. A justice’s court possesses the same power as to amendments as courts of record. (2 R. S. 225, § 1; Brace and others v. Benson, 10 Wend. 213.) There can be no doubt but that a court of record could and would have allowed such amendment in that stage of the cause. (12 Wend. 228; 6 id. 506; 15 id. 557; 20 id. 668.) The defendant below has no ground to complain of hardship or surprise on that account. He had all the opportunity to defend, that he asked for, by means of ad…
2Cases cited2 opinions
- Brace v. BensonNew York Supreme Court · 1833
- Saltus v. BayardNew York Supreme Court · 1834
3Cited by3 opinions
- Coon v. BrookNew York Supreme Court · 1856
- Caldwell v. BruggermanSupreme Court of Minnesota · 1863
- Kidd v. DoughertyMichigan Supreme Court · 1886