Brown v. . Leigh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order striking out the amended complaint. The original complaint was to compel the determination of conflicting claims to real property. Within the time prescribed by section 172- of the Code, plaintiff served an amended complaint which set forth a cause of action in ejectment.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order striking out the amended complaint. The original complaint was to compel the determination of conflicting claims to real property. Within the time prescribed by section 172- of the Code, plaintiff served an amended complaint which set forth a cause of action in ejectment. This was stricken out on motion, upon the ground that the cause of action embraced therein was a new and different one from that set forth in the original. The amendment was proper under section 172. (Beardsley v.…
1Opinion of the CourtGrover, J.
The order is appealable to this court. (Code, § 11, subd. 4.) Section 449 of the Code provides that an action may be brought to compel the determination of claims to real property, pursuant to the provisions of the Revised Statutes, and that the same may be prosecuted without regard to the forms of the proceedings as prescribed by these statutes. It follows that the same rights of amendment exist in actions brought for this-purpose as in other actions authorized by the Code. The question arising upon this appeal is whether, under section 172 of the Code, a plaintiff is authorized to amend his…
2Cases cited2 opinions
- Hollister v. LivingstonNew York Supreme Court · 1854
- Prindle v. AldrichNew York Supreme Court · 1856
3Cited by30 opinions
- Deyo v. . MorssNew York Court of Appeals · 1894
- Gates v. PaulWisconsin Supreme Court · 1903
- Talbot v. GarretsonOregon Supreme Court · 1897
- Hall v. WoodwardSupreme Court of South Carolina · 1889
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
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