Legal Opinion

Seaman v. McClosky

City of New York Municipal Court

Decided April 15, 1898PublishedCited by 1 opinion

Appeal from an order requiring the plaintiff to receive defendant’s amended answer and counterclaim.

1Opinion of the CourtO’Dwyer, J.

On May Y, 189Y, plaintiff served an amended complaint; on May 15th, the defendant served an answer thereto containing a counterclaim; on June 12th, the defendant served her amended answer to the amended complaint. This amended answer was returned and acceptance thereof refused upon the ground that the time in which to amend as of course, had expired. It is not questioned, but that the defendant was entitled to amend her answer as of course, but it is insisted that she should have done so within six days after the service thereof and having failed to amend her answer within that time the right…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Toomey v. AndrewsNew York Supreme Court · 1872

3Cited by1 opinion

  1. Holm v. AppelbyNew York Supreme Court · 1899

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