Knapp v. Onderdonk — 1 Cole. & Cai. Cas. 426

Majority

p. 426

Reuben Knapp v. Garret Onderdonk.

Headnote

SMITH moved for leave to the justice to amend! his return.

Caines, contra.

Independent of errors having-been assigned and joinder, the justice has made an affidavit, contradicting the existence of the fact, in which the amendment is requested. Besides, two notices of argument on the error assigned have been given.

There is an evident loches. If the amendment is necessary, it ought to have been applied for, before noticed for argument. The plaintiff in error must have known what was necessary to support his own assignment,