Cunningham v. Pell

Citations

• 6 Paige Ch. 655
• 1837 N.Y. LEXIS 286
• 1837 N.Y. Misc. LEXIS 79

Syllabus

<p>Where a demurrer is allowed dn account of a mere formal defect in the bill, it is a matter of course, except in the case of a sworn bill, to permit the complainant to amend, upon payment of costs, where he asks for that privilege upon the argument of the demurrer.</p> <p>After a defendant has been brought into court upon an attachment for not answering an amended bill, and has been examined on interrogatories as to the alleged contempt, it is too late for him to object to the regularity of the orders for leave to amend and requiring him to answer the amended bill.</p> <p>Where a complainant amends his bill by inserting an allegation that it is filed in behalf of himself and all others standing in the same situation, a third person as to whom the right to sue was barred at the time of such amendment so that he could not have filed a bill himself, cannot come in and claim relief against the defendant upon the decree made upon such amended bill.</p> <p>No new subpoena is necessary to compel the original defendants in the suit to answer an amended bill. The proper course is to enter an order of course for the defendant to answer the amended bill within the usual time after service of a copy of the amendments and of a notice of the order to answer. But the practice is otherwise as to supplemental bills.</p>