Vaughn v. Lego
New York Supreme Court
Appeal from Cattaraugus county court. An appeal from a judgment of the Cattaraugus county court reversing a judgment rendered in the plaintiffs favor, in a justice’s court, for the sum of $59.33. The plaintiff’s cause of action was for work and labor done and performed for the defendant.
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Appeal from Cattaraugus county court. An appeal from a judgment of the Cattaraugus county court reversing a judgment rendered in the plaintiffs favor, in a justice’s court, for the sum of $59.33. The plaintiff’s cause of action was for work and labor done and performed for the defendant. On the return-day the defendants appeared and answered, and admitted the performance of the work and labor as set forth in the complaint, and set up, as a special defense, that the plaintiff was engaged by the defendants as a competent and skillful mechanic, and that he represented himself to be such, and…
1Opinion of the CourtBarker, P. J.
A justice of the peace has ample power at any time before the trial, or during the trial, to amend the pleadings, if substantial justice will be promoted thereby. Code Civil Proc. § 2944. Within the rule as laid down in Walsh v. Cornett, 17 Hun, 27, and Wood v. Shultzs, 4 Hun, 309, a case was made by the defendants authorizing the justice to allow the amendments, and it was an error to deny the application. In these cases it was held that the power conferred by the statute was for the promotion of justice, and that suitors have a right to insist upon its exercise in a proper case, and it is…
2Cited by2 opinions
- Runge v. EsanNew York Court of Common Pleas · 1893
- Schork v. MoritzThe Superior Court of the City of New York and Buffalo · 1889