Bogart v. M'Donald
New York Supreme Court
In the writ and declaration in this cause, the damages were laid at 600 dollars. The defendant was in custody, and filed a cognovit for 600 dollars.
1Per curiam
It is clearly a mistake ; and as there is no bail in the cause, no injury can arise from allowing the amendment. Courts are liberal in granting amendments, for the furtherance of justice. The motion is granted, on payment of costs, and with liberty to the defendant to plead de novo.
Rule granted.(b)(b) By the common law, judicial tribunals are required to allow amendments which will conduce to the purposes of justice. And therefore they possess discretionary power, at every stage of the proceedings, to grant the right to amend upon such terms as they may judge proper. (Horston v. *220-1Shilliter,…
2Cases cited71 opinions
- Carstens v. McReavyWashington Supreme Court · 1890
- Blackwell v. Patton & Irwin's LesseeSupreme Court of the United States · 1813
- Wright v. the Lessee of HollingsworthSupreme Court of the United States · 1828
- Walden v. CraigSupreme Court of the United States · 1824
- Dox v. DeyNew York Supreme Court · 1829
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3Cited by2 opinions
- Vancleef v. TherassonMassachusetts Supreme Judicial Court · 1825
- Danielson v. AndrewsMassachusetts Supreme Judicial Court · 1822