Rider v. Bates

New York Supreme Court

Rider v. Bates

66 How. Pr. 129

DecidedOctober 15, 1883

StatusPublished

This text of 66 How. Pr. 129 (Rider v. Bates) 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

Rider v. Bates, 66 How. Pr. 129 (N.Y. Super. Ct. 1883).

Pincite

Opinion

Westbrook, J.

— The defendants having within twenty days from the service of the first answer served an amended and properly verified answer*, which they had the right to do ■as of course (Code, sec. 542), this motion must be denied, but without costs ( Welch agt. Preston, 58 Heno., 52, and many other cases). As, however, the plaintiff was right in serving notice of motion, because the first answer was improperly verified, no costs of motion are given the defendants.

■ Motion denied, and no costs of this motion to either party.

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Westbrook, J.

— The defendants having within twenty days from the service of the first answer served an amended and properly verified answer*, which they had the right to do ■as of course (Code, sec. 542), this motion must be denied, but without costs ( Welch agt. Preston, 58 Heno., 52, and many other cases). As, however, the plaintiff was right in serving notice of motion, because the first answer was improperly verified, no costs of motion are given the defendants.

■ Motion denied, and no costs of this motion to either party.

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Bluebook (online)

66 How. Pr. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rider-v-bates-nysupct-1883.