22 N.Y.S. 264 | N.Y. Sup. Ct. | 1893
Before the Codes, material facts occurring after issue joined could be interposed by way of defense—mere matter of resistance to the plaintiff’s cause of action—in an action at law, by a plea puis dorien continuance, (Grab. Pr. 296,) or, in a suit in equity, by a sup
Code Civil Proc. § 544, provides that the court may permit a party “to make a supplemental complaint, answer, or reply alleging material facts which occurred after his former pleading, or of which he was ignorant when it was made. ”