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6 Duer 685

White v. Mayor

The Superior Court of New York City

Decided October 15, 1857

The Superior Court of New York City · decided 1857-10-15

Decided 1857-10-15

¶1Under section 172 of the Code, a plaintiff cannot amend his complaint more than once, as a matter of course, without leave of the court.

¶2If he amends it before answer or demurrer, his right to amend of course is exhausted; and if his amended complaint is demurred to, lie cannot amend it a second time without leave of the court. (Reported in 5 Abb. Pr. R. 322.)

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