Hyperlawhypertext legal database Wimple v. M'Dougal 1 Cole. & Cai. Cas. 55

← Cases

Wimple v. M'Dougal

1 Cole. & Cai. Cas. 55 Court N.Y. Sup. Ct. English

Contents

Majority

p. 55
Wimple and another v. M‘Dougal.

Headnote

VAN VECHTEN, for the plaintiff, moved for leave to amend the declaration in ejectment, by adding a count on the demise of a person not originally named as a lessor. He mentioned the case of Jackson ex dem. Quackenbos v. Dennis, where this was allowed.
Graham, contra.

In the case of Quackenbos v. Dennis, it was so ordered, and that is to be considered as a precedent to govern. But it is reasonable that the defendant should be permitted to relinquish his defence, if he chuses to do so, as the introduction of a new party may vary his situation. Let him elect, by Friday next, to abide by or relinquish his plea; and if he relinquishes it, the plaintiff must pay all the. costs accrued up to that day.