Wiley v. Moore — 2 Wend. 259

Majority

p. 259

Wiley vs. Moore.

Headnote

Under the rule amendment ra ”( P0?.™’- the plaintiff cannot add words, fn™8 distinct cause of action from that, originally set forth-

Motion to strike out words in an amended count of a declaration. After receiving a plea, and -within 20 days, the plaintiff" amended his declaration in slander, by adding other A o J , a ana additional slanderous words, which he claimed to have a right to do, under the 8th rule of April term, Í796, permitting an amendment as of course.

The court have said that the plaintiff" cannot amend his declaration, nor the defendant his plea as of course, within the 20 days, by adding a new count or a new plea. (18 Johns. R 310.) This case falls within the spirit of those decisions. Adding the speaking of words giving a cause of action, new and distinct from that originally set forth, is equivalent to adding a new count,

Motion granted,