Miller v. Garling

New York Supreme Court

Miller v. Garling

12 How. Pr. 203

CourtNew York Supreme Court

DecidedFebruary 15, 1856

StatusPublished

Cited by1 cases

This text of 12 How. Pr. 203 (Miller v. Garling) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Garling, 12 How. Pr. 203 (N.Y. Super. Ct. 1856).

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Opinion

Balcom, Justice,

overruled the objection, and gave the plaintiff leave to amend his complaint on the trial, by inserting a claim for such special damages. (Bennett agt. Lockwood, 20 Wend. 223.)

The defendant’s counsel objected to the amendment, and claimed the defendant was not then prepared to meet such evidence. The judge remarked that the defendant must show he had some absent witness material to the claim for the special damages, before he would refuse to allow the plaintiff to amend his complaint, but no such proof was made, and the amendment was allowed without terms.

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Balcom, Justice,

overruled the objection, and gave the plaintiff leave to amend his complaint on the trial, by inserting a claim for such special damages. (Bennett agt. Lockwood, 20 Wend. 223.)

The defendant’s counsel objected to the amendment, and claimed the defendant was not then prepared to meet such evidence. The judge remarked that the defendant must show he had some absent witness material to the claim for the special damages, before he would refuse to allow the plaintiff to amend his complaint, but no such proof was made, and the amendment was allowed without terms.

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Bluebook (online)

12 How. Pr. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-garling-nysupct-1856.

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