Wiley v. Moore

New York Supreme Court

Wiley v. Moore

2 Wend. 259

CourtNew York Supreme Court

DecidedFebruary 15, 1829

StatusPublished

Cited by2 cases

This text of 2 Wend. 259 (Wiley v. Moore) 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

Wiley v. Moore, 2 Wend. 259 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court, Sutherland, J.

The court have said that the plaintiff" cannot amend his declaration, nor the defendant his plea as of course, within the 20 days, by adding a new count or a new plea. (18 Johns. R 310.) This case falls within the spirit of those decisions. Adding the speaking of words giving a cause of action, new and distinct from that originally set forth, is equivalent to adding a new count,

Motion granted,

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By the Court, Sutherland, J.

The court have said that the plaintiff" cannot amend his declaration, nor the defendant his plea as of course, within the 20 days, by adding a new count or a new plea. (18 Johns. R 310.) This case falls within the spirit of those decisions. Adding the speaking of words giving a cause of action, new and distinct from that originally set forth, is equivalent to adding a new count,

Motion granted,

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Bluebook (online)

2 Wend. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-moore-nysupct-1829.

Opinion

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