People ex rel. Rumsey v. Woods

Court: The Superior Court of New York City
Date filed: 1849-06-15
Citations: 2 Sandf. 652
Copy Citations
2 Citing Cases
Lead Opinion
Sandford, J.,

after advising with Oakley, Ch. J., and Yanderpoel, J., said, the judgment is irregular and must be set aside. The practice contended for on behalf of the plaintiff, would be very unjust. It by no means follows, that because Woods did not defend the original complaint, that he was not desirous to answer to the complaint as amended. He should have been served with notice of the amendment so as to give him an opportunity to answer, if he were so advised.

Rule accordingly.