Prudden v. City of Lockport

New York Supreme Court

Prudden v. City of Lockport

40 How. Pr. 46, 1870 N.Y. Misc. LEXIS 203

DecidedAugust 30, 1870

StatusPublished

This text of 40 How. Pr. 46 (Prudden v. City of Lockport) 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

Prudden v. City of Lockport, 40 How. Pr. 46, 1870 N.Y. Misc. LEXIS 203 (N.Y. Super. Ct. 1870).

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Opinion

Barker, J.

I am of the opinion, upon a reading of all the authorities cited, that the giving of the notice of this motion was a “ proceeding already had,” (Code, § 172,) and the amendment of the complaint did not' supersede the motion.

Motion granted, with $10 costs. Permission is given to the plaintiff to amend his complaint within ten days from the service of this order, as he shall be advised,

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Barker, J.

I am of the opinion, upon a reading of all the authorities cited, that the giving of the notice of this motion was a “ proceeding already had,” (Code, § 172,) and the amendment of the complaint did not' supersede the motion.

Motion granted, with $10 costs. Permission is given to the plaintiff to amend his complaint within ten days from the service of this order, as he shall be advised,

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Bluebook (online)

40 How. Pr. 46, 1870 N.Y. Misc. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudden-v-city-of-lockport-nysupct-1870.