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4 How. Pr. 15

Washburn v. Herrick

New York Supreme Court

Decided February 15, 1849

New York Supreme Court · decided 1849-02-15

<p>In cases where service by mail may be made, double time (forty days) is allowed to serve an amended answer or reply, of course, and without costs.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1849-02-15

How this case has been cited

Cited by 5 later decisions — most recently March 1906

5 state decisions

301849185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Paige, Justice.

¶1'Where a defendant serves his answer to the complaint by maE, in cases where service by maE may be made, he has forty days within which to serve an amended answer of course, and without costs, under § 148 of the code. The defendant may amend of course and without costs, &c., at any time before the period of replying to his answer shaE expire. Where the service of the answer is by mail, the plaintiff has double the time to reply aEowed in cases of personal service of the answer. (Code, sec. 373 and 131.)

¶2If the plaintiff notices his cause for trial before the time aEowed to the defendant to amend shaE have expired, he does so at his perE.

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