Thomas v. Allen & German

New York Supreme Court

Thomas v. Allen & German

2 Wend. 618

CourtNew York Supreme Court

DecidedAugust 15, 1829

StatusPublished

Cited by2 cases

This text of 2 Wend. 618 (Thomas v. Allen & German) 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

Thomas v. Allen & German, 2 Wend. 618 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Sutherland, J.

The rule permitting the plaintiff to amend his declaration necessarily affected both defendants. The declaration having been amended in consequence of a demurrer by one defendant, it of course was an amendment as to the other. The plaintiff has done all that could be required of him, and he is entitled to his rule without costs, however, to either party, of this motion.

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By the Court, Sutherland, J.

The rule permitting the plaintiff to amend his declaration necessarily affected both defendants. The declaration having been amended in consequence of a demurrer by one defendant, it of course was an amendment as to the other. The plaintiff has done all that could be required of him, and he is entitled to his rule without costs, however, to either party, of this motion.

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Bluebook (online)

2 Wend. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-allen-german-nysupct-1829.

Opinion

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