McCrane v. Moulton

The Superior Court of New York City

McCrane v. Moulton

3 Sandf. 736

CourtThe Superior Court of New York City

DecidedMay 10, 1851

StatusPublished

This text of 3 Sandf. 736 (McCrane v. Moulton) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCrane v. Moulton, 3 Sandf. 736 (N.Y. Super. Ct. 1851).

Pincite

Opinion

Mason, J. (with the concurrence of all the justices.)

A summons cannot be amended without leave of the court. Section 172 of the code, allowing a pleading to be once amended of course, does not apply to a summons, which is not a pleading, but process. The power of amendment is in terms confined to the court by § 173.

The motion to set aside the amended summons in each case is granted without costs.

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Mason, J. (with the concurrence of all the justices.)

A summons cannot be amended without leave of the court. Section 172 of the code, allowing a pleading to be once amended of course, does not apply to a summons, which is not a pleading, but process. The power of amendment is in terms confined to the court by § 173.

The motion to set aside the amended summons in each case is granted without costs.

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Bluebook (online)

3 Sandf. 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccrane-v-moulton-nysuperctnyc-1851.