Parker v. Grant

Decided May 1, 1815

New York Court of Chancery · decided 1815-05-01

PETITION, by the defendants, to have the bill in this cause, which was an injunction bill, and had been amended by the plaintiffs, taken off the files of the court; on the ground, that after the injunction had issued, and after the defendants’ solicitor had given notice of his appearance, but before he had actually entered it with the clerk, or had put in an answer, the plaintiffs had amended the bill in a material part without leave, or notice, and without the bill having…

Cited by 1 later decisions — most recently August 1847

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1815-05-01

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The Chancellor.

¶1The 11th rule oí June, 1806, ought not to be applied to the case of a bill sworn to by the party. It would be like a party meddling with, and altering, his own affidavit on file, without leave; and it would become difficult, and, perhaps, impossible, afterwards, to know to what part of the bill the oath was to be applied. The letter of the rule does, undoubtedly," apply to the case, for it is general in its terms; and for that reason I shall only direct the amendment to be expunged, and shall suffer the costs of this application to abide the event of the suit.

¶2Order accordingly.