Marsh v. McNair
New York Supreme Court
Appeal from tbe portion of an order made at tbe Livingston Special Term wbicb requires tbe payment of ail tbe defendant’s costs and disbursements as a condition of tbe allowance of an amendment of tbe complaint. Tbis action was commenced in 1876; was first tried in 1878, when tbe complaint was dismissed.
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Appeal from tbe portion of an order made at tbe Livingston Special Term wbicb requires tbe payment of ail tbe defendant’s costs and disbursements as a condition of tbe allowance of an amendment of tbe complaint. Tbis action was commenced in 1876; was first tried in 1878, when tbe complaint was dismissed. Tbis judgment was reversed and a new trial was granted by tbe General Term in October, 1881. Tbe second trial was bad in 1882, and resulted in a judgment for the plaintiff, wbicb was affirmed by tbe General Term, and on appeal to tbe Court of Appeals was reversed and new trial granted in…
1Opinion of the Court
Bradley, J.:
Tbe question presented on this appeal has relation only to tbe terms upon wbicb leave is given to tbe plaintiff to amend her complaint. The court may at any stage of tbe action, in furtherance of justice and on such terms as it deems just, amend any pleading (Code Civ. Pro., § 723), and such was substantially the provision of the prior Code (§ 173), and of 2 Revised Statutes (424, § 1). Tbe view of the court at Special Term was that precedents required-tbe terms imposed by tbe order, and referred to Prindle v. Aldrich (13 How., 466). The question is one of discretion, and there is…
2Cases cited5 opinions
- Hill v. TuckerSupreme Court of the United States · 1852
- Marsh v. . McNairNew York Court of Appeals · 1885
- Saltus v. BayardNew York Supreme Court · 1834
- Meegan v. BoyleSupreme Court of the United States · 1857
- Flower's Executors v. GarrNew York Supreme Court · 1839