Siver v. North
18 Johns. 310
N.Y. Sup. Ct.1820Check TreatmentThe plaintiff cannot.amend his declaration, as of course, by adding a new count 5 nor can the defendant amend his plea, of course, by adding a new plea. It can only be done by leave of the Court, on special application for that purpose. On this ground, the motiou ought to be denied; but as there appears to have been a mistake on the part'of the plaintiff’s attorney, as to the practice, we grant the rule, on payment of costs.