2 Wend. 259
Decided February 15, 1829
New York Supreme Court · decided 1829-02-15
Motion to strike out words in an amended count of a declaration. After receiving a plea, and -within 20 days, the plaintiff amended his declaration in slander, by adding other A o J , a ana additional slanderous words, which he claimed to have a right to do, under the 8th rule of April term, Í796, permitting an amendment as of course.
Cited by 4 later decisions — most recently October 1882
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1829-02-15
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¶1The court have said that the plaintiff" cannot amend his declaration, nor the defendant his plea as of course, within the 20 days, by adding a new count or a new plea. (18 Johns. R 310.) This case falls within the spirit of those decisions. Adding the speaking of words giving a cause of action, new and distinct from that originally set forth, is equivalent to adding a new count,
¶2Motion granted,