Shephard v. Merril

3 Johns. Ch. 423, 1818 N.Y. LEXIS 204, 1818 N.Y. Misc. LEXIS 16

• Court: New York Court of Chancery
• Decided: August 24, 1818
• Status: Published

Opinion

The- Chancellor.

It is a settled rule of practice, that a bill ;defective, in its charges cannot'be amended after publication; and cause set down; and especially aftér hearing, by adding- newchárges; Such defects can only be supplied by a supplemental'bill.; (Goodwin v. Goodwin, 3 Atk. 370, Jones v. Jones, 3 Atk. 111. Vide, also, 3 Atk. 133. Cooper's Eq. Pl. 73. 333, 334. Mwland's Pr. 82.) Leave to filea- supplemental .bill in this case’ is granted;-on paying to the defendants their costs -subsequentto the rule for passing publication.

(a.)

) Vide Beekman v. Waters, ante. p. 410.