¶1The rule permitting the plaintiff to amend his declaration necessarily affected both defendants. The declaration having been amended in consequence of a demurrer by one defendant, it of course was an amendment as to the other. The plaintiff has done all that could be required of him, and he is entitled to his rule without costs, however, to either party, of this motion.
2 Wend. 618
Thomas v. Allen & German
Decided August 15, 1829
New York Supreme Court · decided 1829-08-15
Amended declaration. The defendants appeared by sep- .... , „ . r orate attormes, on each or whom a copy of the declaration was serve<^- The attorney for Allen plead the general issue. The attorney for German demurred, and the plaintiff neglect- ...... ... mg to join m demurrer, a default was entered against him, which, on his motion, was set aside at the last February term, and leave given to amend.
Decided 1829-08-15