Hyperlawhypertext legal database Collyer v. Collyer 11 N.Y. St. Rep. 888

← Cases

Collyer v. Collyer

11 N.Y. St. Rep. 888 Court N.Y. Gen. Term Decision date 1887-10-27 English

Contents

Majority

p. 888
GEORGE B. COLLYER, Resp’t, v. CHARLES S. COLLYER, App’lt.

Headnote

Practice—Leave to amend.
Appeal from order denying leave to serve amended answer.
Seaman Miller, for app’lt; Dennis McMahon, for resp’t.

—The appeal from the order denying a resettlement should be dismissed, with costs.

The order of Mr. Justice Donohue, denying the defendant leave to serve amended answer to the whole of the complaint herein, should be affirmed so-far as it denied the motion to serve an amended answer as to the whole cause of action, and modified so as to allow the defendant to serve an amended answer as to the new claims contained in the bill of particulars, without costs-of appeals to either party.