¶1The application to amend is based upon sufficient affidavits. I had a doubt how far amendment by striking out could be allowed. But here is a clerical error and the effect of what is wanted can be done by an interlineation. Take an order to amend correcting the date by interlineation, without prejudice to the injunction—serving a copy of the bill as amended gratis and paying the costs of the present motion.
2 Edw. Ch. 451
Ayres v. Valentine
Decided April 13, 1835
New York Court of Chancery · decided 1835-04-13
A judgment creditor’s bill, under oath. An error was made in the day on which the judgment was docketted and thefi.fa. tested (the month and year were correct.) As appeared by the bill, it would seem to have all occurred on a Sunday and a prior motion (for a receiver) had been dismissed upon opposing counsel having found out the error. Application was now made, upon affidavits, to amend, by altering the date to the proper day.
Cited by 1 later decisions — most recently October 1883
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1835-04-13
View the full empirical analysis of this case →