Southack v. Gleason

Appellate Terms of the Supreme Court of New York

Southack v. Gleason

49 Misc. 445, 98 N.Y.S. 859

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1906

StatusPublished

This text of 49 Misc. 445 (Southack v. Gleason) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southack v. Gleason, 49 Misc. 445, 98 N.Y.S. 859 (N.Y. Ct. App. 1906).

Pincite

Opinion

Per Curiam.

The court had power to so amend the proceedings as to turn the action into one against the defendants individually. Boyd v. United States Mortgage & Trust Co., 84 App. Div. 466. The summons, however, should have been amended, as well as the complaint; and an amendment of the latter, alone, is ineffectual and cannot be sustained.

Order reversed, with ten dollars costs and disbursements, and motion denied, with leave to plaintiff to make such motion in the court below as he may be advised.

Present: Scott, Giegeeich and Gbeenbaum, JJ.

Order reversed, with ten dollars costs and disbursements, and motion denied, with leave to plaintiff to make such motion in court below as he may be advised.

Free access — add to your briefcase to read the full text and ask questions with AI