Thomas v. Leonard

Decided October 15, 1833

New York Supreme Court · decided 1833-10-15

Arrest of judgment. The suit was commenced by declaration on the 15th September, 1832, on a promissory note due on the first, of that month. The declaration, instead of being specially entitled was entitled generally of July term, 1832. The defendant appeared and pleaded the general issue; the cause was tried and the plaintiff had a verdict.

Decided 1833-10-15

¶1By the Court,

Savage, Ch. J.

¶2The judgment must- be arrested, unless leave be given to amend. The error is fatal, but it is merely clerical, and the plaintiff should be permitted to amend, on payment of costs. Leave to amend may with as much propriety be given on the argument of a motion in arrest as on the argument of a demurrer. The plaintiff, therefore, is permitted to amend, on payment of all the costs of the defendant, and after such amendment, is entitled to judgment on his verdict. See 5 Wendell, 112.