Squires v. Mallory
New York Supreme Court
THIS was an action of debt, on a judgment in the Court of C. P. of Genesee county, to which the defendant pleaded satisfaction, setting forth certain proceedings in the suit material to the plea; among others, the issuing of the capias ad respondendum in the original action, which was alleged to have been sued out on the 5th of February, 1819. The plea was served on the 13th or 14th of June, and a replication was put in on the 15th of June, taking issue on the averment in…
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THIS was an action of debt, on a judgment in the Court of C. P. of Genesee county, to which the defendant pleaded satisfaction, setting forth certain proceedings in the suit material to the plea; among others, the issuing of the capias ad respondendum in the original action, which was alleged to have been sued out on the 5th of February, 1819. The plea was served on the 13th or 14th of June, and a replication was put in on the 15th of June, taking issue on the averment in the plea, and denying, that the capias ad respondendum issued on the 5th of February, 1819. A notice of trial for the next…
1Per curiam
Unless there was a demurrer to the plea, the defendant could not have amended, under the 8th rule of April term, 1798. Here the plaintiff had taken issue on the plea, and the defendant could not, under the rule, amend, as of course, without costs. The motion must be denied, (a)
Motion denied.
The only authority for amending, of course, is the 8th Gen. Reg. of April tinder this rule, a plea, unless it is demurred to, cannot be ; Term, 17’Hi. Under this rule, a plea, unless it is demurred to, cannot be amended ; anti even then, a new plea cannot be added. Benedict v. Ripley, 5 Cowen, 37. Wiley v.…
2Cases cited1 opinion
- Griswold v. SedgwickNew York Supreme Court · 1828
3Cited by2 opinions
- Brigham v. ClaflinWisconsin Supreme Court · 1872
- Wakeman v. SpragueNew York Supreme Court · 1827