Jenkins v. Hall — 32 N.Y.S. 883

Majority

p. 883

JENKINS et al. v. HALL et al.

(Supreme Court, General Term, Second Department.

March 5, 1895.)

Headnote

Pleading—Amendment—Jurisdiction of Court.

A complaint filed in a city court, which fails to allege that defendant is a resident of the city, may be amended by inserting such allegation.

Appeal from city court of Mt. Vernon.

Action by Henry B. Jenldns and another against Gilbert Hall and others. From an order amending the complaint by inserting the allegation that “defendant Gilbert Hall is a resident of the city of Mt. Vernon, Westchester county, N. Y.,” defendants appeal. Affirmed.

Argued before BROWN, P. J., and DYKMAN and CULLEN, JJ.

John F. Brennan, for appellant Gilbert Hall.

James A. O’Gorman, for respondents.

This is an appeal from an order of the city court of Mt Vernon allowing an amendment to the complaint in this action by alleging the defendant Gilbert Hall to be in the city of Mt. Vernon. The amendment was in the interest of justice, and the order should be affirmed, with $10 costs and disbursements. All concur.