Grim v. Wheeler

Decided January 19, 1841

New York Court of Chancery · decided 1841-01-19

Application to amend the bill. One of the defendants had not appeared; but the other defendant, Wheeler, had put in an answer. Exceptions had been taken to such answer; they were disallowed; and the complainant had paid costs. The complainant, finding that he could not get the desired discovery without amending his bill, moved accordingly.

Decided 1841-01-19

The Vice-Chancellor :

¶1The complainant may be permitted to amend his bill, as proposed, omitting the words in brackets.(a) But, upon the affidavit of the defendant, showing that an almost entirely new answer will become necessary, the complainant must pay the costs of putting in the answer now on file, as a condition of allowing the amendment: I Hoff. Pr. 285; and with leave to the defendant also, after the bill shall be amended, to demur thereto, if he shall be so advised.

¶2) These words referred to the amendments, as thus; “ And your orator, (by way of amendment to this his hill of complaint, now) showeth, &c.”