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2 Edw. Ch. 582

Jackson v. Edwards

New York Court of Chancery

Decided March 8, 1836

New York Court of Chancery · decided 1836-03-08

Appearances had been entered; copies of bills served an(j orders to answer entered; then, amendments, prior to answers coming in, were made, and copies served : but no new order to answer was entered and the bill was taken as confessed upon the original orders to answer.

Decided 1836-03-08

The Vice-Chancellor

¶1said, that the taking the bill pro confesso upon the original order was irregular. Where a bill is amended before answer and after appearance, it is necessary to enter a new order to answer the bill as amended, and the complainant, in such a case, cannot take advantage of the original order. The practice is properly laid down by Mr. Hoffman in his Practice, v. 1, p. 297.

¶2Note.—There were pecularities in the present case which caused the court not to give costs.

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