Thomas v. Whitlegge
New York Court of Common Pleas
Appeal from special term. Action by Rowland W. Thomas and others against James H. Whitlegge. On the 9th day of March, 1891, the defendant’s attorney, upon his affidavit, procured an “order to show cause,” directing the justice to amend the return filed by him to an appeal, by striking therefrom certain matters, and by inserting additional matter therein, or that he show cause, etc.
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Appeal from special term. Action by Rowland W. Thomas and others against James H. Whitlegge. On the 9th day of March, 1891, the defendant’s attorney, upon his affidavit, procured an “order to show cause,” directing the justice to amend the return filed by him to an appeal, by striking therefrom certain matters, and by inserting additional matter therein, or that he show cause, etc. The order to show cause was applied for and issued on the 9th of March, and contained a provision requiring the order and affidavit to be served on appellant’s attorney on or before the 14th day of March, the…
1Per curiam
In Zabriske v. Wilder, 12 Daly, 527, it was held by this court at special term that the justice could not make a supplementary return amending or altering his original return without applying to this court for leave, in order that notice might be given to the parties, so that neither would be surprised when the case came on for argument. The right of the justice, upon his own motion, to make such supplementary return by leave of the court, was not questioned. Where one party obtains an order to show cause requiring the justice to amend his return in certain particulars, or show cause to the…
2Cases cited1 opinion
- Zabriskie v. WilderNew York Court of Common Pleas · 1884