White v. Mayor

6 Duer 685 | The Superior Court of New York City | 1857

Under section 172 of the Code, a plaintiff cannot amend his complaint more than once, as a matter of course, without leave of the court.

If he amends it before answer or demurrer, his right to amend of course is exhausted; and if his amended complaint is demurred to, lie cannot amend it a second time without leave of the court. (Reported in 5 Abb. Pr. R. 322.)