Squires v. Mallory

Decided August 15, 1819

New York Supreme Court · decided 1819-08-15

THIS was an action of debt, on a judgment in the Court of C. P. of Genesee county, to which the defendant pleaded satisfaction, setting forth certain proceedings in the suit material to the plea; among others, the issuing of the capias ad respondendum in the original action, which was alleged to have been sued out on the 5th of February, 1819.

Cited by 1 later decisions (1 by the Supreme Court) — most recently February 1907

Good law ✅— No negative treatment on recordhow we know

Decided 1819-08-15

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Per Curiam.

¶1Unless there was a demurrer to the plea, the defendant could not have amended, under the 8th rule of April term, 1798. Here the plaintiff had taken issue on the plea, and the defendant could not, under the rule, amend, as of course, without costs. The motion must be denied, (a)

¶2Motion denied.

¶3 The only authority for amending, of course, is the 8th Gen. Reg. of April tinder this rule, a plea, unless it is demurred to, cannot be ; Term, 17’Hi. Under this rule, a plea, unless it is demurred to, cannot be amended ; anti even then, a new plea cannot be added. Benedict v. Ripley, 5 Cowen, 37. Wiley v. Moore, 2 Wendell, 259. Silver v, North, 18 Johns, Griswold v. Sedgwick, 1 Wendell, 126. Rep. 310.