¶1There was no necessity for serving a new oyer with the amended declaration, the first being correct. The motion must be denied.
¶2Rule refused.
¶3 Gra. Prac, 2d ed. 522.
1 Johns. Cas. 415
Lefferts v. Byron
Decided July 15, 1800
New York Supreme Court · decided 1800-07-15
The declaration with oyer in this cause, was. served on the defendant’s attorney. The declaration being afterwards discovered to be incorrect, was amended, and served de novo, without a new oyer.' The defendant’s attorney refused to receive the amended declaration, without a new oyer,, and the plaintiff proceeded and entered a default.
Decided 1800-07-15