4 Cow. 144
Decided February 15, 1825
New York Supreme Court · decided 1825-02-15
After this cause had been noticed for trial a third time, and pending the Circuit for which it was last noticed, the plaintiff discovered that it was necessary for him to amend his bill of particulars by adding new items; andonanaffidavit of-the circumstances, he applied to the Recorder of New York, who granted him leave to do this, on paying to the defendant his costs of the (then) Circuit. Upon papers showing all the proceedings before the Recorder,
Cited by 1 later decisions — most recently June 1905
Good law ✅— No negative treatment on recordhow we know
Decided 1825-02-15
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¶1We think the Recorder did not possess the power to allow this amendment. It was not a chamber power *146at this stage of the cánse, but belonged to the Court The order must he vacated \ hut the whole case being, how before’ us, wé allow the amendment, on- payment of the costs Of this motion.
¶2Rule accordingly.