Thomas v. Leonard

New York Supreme Court

Thomas v. Leonard

11 N.Y. 53

CourtNew York Supreme Court

DecidedOctober 15, 1833

StatusPublished

Cited by1 cases

This text of 11 N.Y. 53 (Thomas v. Leonard) 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. Leonard, 11 N.Y. 53 (N.Y. Super. Ct. 1833).

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Opinion

By the Court,

Savage, Ch. J.

The judgment must- be arrested, unless leave be given to amend. The error is fatal, but it is merely clerical, and the plaintiff should be permitted to amend, on payment of costs. Leave to amend may with as much propriety be given on the argument of a motion in arrest as on the argument of a demurrer. The plaintiff, therefore, is permitted to amend, on payment of all the costs of the defendant, and after such amendment, is entitled to judgment on his verdict. See 5 Wendell, 112.

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By the Court,

Savage, Ch. J.

The judgment must- be arrested, unless leave be given to amend. The error is fatal, but it is merely clerical, and the plaintiff should be permitted to amend, on payment of costs. Leave to amend may with as much propriety be given on the argument of a motion in arrest as on the argument of a demurrer. The plaintiff, therefore, is permitted to amend, on payment of all the costs of the defendant, and after such amendment, is entitled to judgment on his verdict. See 5 Wendell, 112.

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Bluebook (online)

11 N.Y. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-leonard-nysupct-1833.

Opinion

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