Seneca County Bank v. Garlinghouse
New York Supreme Court
—The summons and complaint were served upon the defendant, September 10th, 1849. On the 29th of the same month, an answer was served upon the plaintiff’s attorney, which required a reply. On the 2d day of October following, a reply was served. On the 22d of the same month, the defendants served an amended answer, which also required a reply; and on the 26th of the same month the plaintiff’s attorney served an amended complaint.
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—The summons and complaint were served upon the defendant, September 10th, 1849. On the 29th of the same month, an answer was served upon the plaintiff’s attorney, which required a reply. On the 2d day of October following, a reply was served. On the 22d of the same month, the defendants served an amended answer, which also required a reply; and on the 26th of the same month the plaintiff’s attorney served an amended complaint. Upon? an affidavit showing these facts, a motion is now made, to set aside the amended complaint upon the ground that the time within which the plaintiff had a right…
1Opinion of the Court
Welles, Justice.
By § 172 of the Code of Procedure, it is provided that “any pleading may be once amended by the party of course, without costs, and without prejudice to the proceedings already had, at any time *175before the period for answering it shall expire, or within twenty days after the answer to such pleading shall be served.
The defendant’s counsel supposes the time within which the plaintiff had the right to amend the complaint of course, expired in twenty days after the service of the original complaint; for then the period for answering it expired; or, at most, that the plaintiff’s…
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