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Lounsbury v. Ball

12 Wend. 247 Court N.Y. Sup. Ct. Decision date 1834-12-04 English

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p. 247
Lounsbury vs. Ball.

Headnote

A plaintiff may amend his declaration as of course, as well in ejectment as in a personal action.
December 4.

Within the time allowed by the general rules to amend as of course, the plaintiff amended his declaration, which was in ejectment, by stating a different interest from that alleged in the declaration originally served. The defendant moved to set aside the amended narr. on the ground that a declaration in ejectment was in the nature of process, and that process was not amendable as of course.

Motion denied.