Van Wyck v. Hardy
New York Court of Appeals
William Van Wyck and others brought this action in the supreme court for a partition of lands. The complaint was filed in the clerk’s office on October 14, 1859. The copy summons filed omitted the names of S. A. Maverick and wife, who were defendants. The order of publication of summons was made on October 18, 1859. The deposit in the post-office of the summons and copy complaint for the non-resident defendants, was made on the 22nd of the same month.
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William Van Wyck and others brought this action in the supreme court for a partition of lands. The complaint was filed in the clerk’s office on October 14, 1859. The copy summons filed omitted the names of S. A. Maverick and wife, who were defendants. The order of publication of summons was made on October 18, 1859. The deposit in the post-office of the summons and copy complaint for the non-resident defendants, was made on the 22nd of the same month. The reason of this delay was, that printed copies of the summons and complaint were not obtained by the plaintiff’s attorney from the printer,…
1Opinion of the Court
By the Court.
Lott, J.
For the purposes of this appeal it must be assumed that the amendments, directed to be made by the court at special term, have been made, and the question is now presented, whether the court had power to make them. Of this there can be no doubt; section 173 of the code, expressly provides that, the court may, before or after judgment, amend any pleadings, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of -a party, or a mistake in any other respect. The defects referred to, fall within that provision , and it…
2Cases cited1 opinion
- Wood v. ByingtonNew York Court of Chancery · 1847
3Cited by6 opinions
- Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907
- Hull v. Canandaigua Electric Light & RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hober v. ReikertAppellate Terms of the Supreme Court of New York · 1916
- Sweet v. MarvinAppellate Division of the Supreme Court of the State of New York · 1896
- Coffin v. Chicago Northern Pacific Construction Co.New York Supreme Court · 1875
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