Mapes v. Brown

It is undoubtedly true that the. plaintiff could hot amend the summons without an application to the court (see Code of Civil Procedure, §§ 723, 727). This was the rule under the-old Code (see 1 Waits Practice, 490), where it is stated that the power of amending once as Of course, conferred on parties to an action by’section 172 of the. Code, relates tó pleadings and not' to process. The various casés under the old Code upon this subject are also there collected. The amended summons was therefore irregular ; but I see no reason for striking it out, inasmuch as the defendants who make this…