McCrane v. Moulton

The Superior Court of New York City

McCrane v. Moulton

3 Sandf. 736

The Superior Court of New York City·Decided May 10, 1851·Published

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.

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

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