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Practice And Pleading Under the Code With Appendix of Forms And Text of Code a

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Practice And Pleading Under the Code With Appendix of Forms And Text of Code a
Henry Whittaker
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It was held in the same case that, if the time to amend, as of course, be allowed to elapse, no amendment can take place afterwards unless by leave of the court.
In George v. McAvoy, 6 How. 200, 1 C. R. (K S. ) 318, it was held that the verification is no part of a pleading, and that, therefore, a second copy of the original complaint, with the veri- fication merely added, was no amended complaint, and might be disregarded. A judgment entered up for want of an answer to the second complaint, th
...e original one having been an- swered without oath, was accordingly set aside.
Where the opposite party has already given notice of a mo- tion to set aside a pleading as irregular, his costs of that motion must, in all cases, be paid before an amendment can be allowed. The power to amend, as of course, extends only to cases where the proceedings have been regular, or where the amendment is made before any steps have been taken by the opposite party, in consequence of the irregularity sought to be cured.


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