Prudden v. City of Lockport

New York Supreme Court

Prudden v. City of Lockport

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

New York Supreme Court·Decided August 30, 1870·Published

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,

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

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