Anonymous

1 Cole. & Cai. Cas. 409 Court N.Y. Sup. Ct. English

Contents

Majority

p. 409

Anonymous.

Headnote

JONES, on a mere notice of motion and affidavit of service, moved to add a new count, in a declaration in ejectment, on the demise of a new lessor. It was opposed. But,

Take your motion on the usual terms. If the opposite side abandon his defence, you' pay all costs;^[1] if he vary it, the costs of the former, pleading»

* S. P. Wimple & ano'r v. M'Dougal, ante, p. 55. citing Jackson ex dem. Quackenbos v. Dennis.