Stokes v. Campbell — 5 Cow. 21

Majority

p. 21

Stokes against Campbell, an Infant, by J. Campbell his Guardian, impleaded with T. Campbell.

Headnote

On reversing a judgment of the C. P given for the defendant, on a demurrer to one of his pleas he was allowed to amend his plea upon payment of costs.

This action was originally commenced in the C. P. of the ci ty and county of New Y ork. The defendant pleaded two pleas, one of which was demurred to by the plaintiff, upon which Judgment was given for the defendant in the Court below. On error to this Court, the judgment was reversed.

A motion was now made to amend the plea, so as to put the cause at issue upon both pleas, and have a trial at the Circuit.- And it was insisted that the defendant below ought not to be prejudiced by the decision there for him The C. P. would have allowed an amendment, if they had deemed the demurrer well taken. (Dunl. Pr. 533, 4, and the cases there cited.)

p. 22

A. S. Garr, for the motion.

E. Baldwin, contra.

The Court granted the motion, on payment of costs.

Motion granted.