Majority
p. 54Virginia W. Baldwin, Resp’t, v. Wilhelmina A. Thibaudeau, App’lt. (New York Common Pleas, General Term, Filed June 1, 1891.)
Headnote
Appeal—Practice—Amending return.Where it is manifest from the return of a case on appeal that the time of rendering judgment was erroneously stated, it appearing to be before the return date of the summons, and the parties fail to amend it by stipulation the court will order it amended of its own motion.
Appeal from district court by defendant.
Winthrop & Parker, for app’lt; S. F. Higgins, for resp’t
—It is manifest from the return in this case that the time of rendering judgment in this action is erroneously stated, as it appears to be before the return date of the summons. This, date being material, and the parties having failed to amend the return by stipulation, the court of its own motion orders the return to be sent back to the justice who tried the case, for amendment, and orders a reargument of this cause to be had at the next additional general term. The appellant’s attorney to enter the order and procure the amendment
Bookstaver and Bischoff, JJ., concur.