Wiley v. Moore

By the Court, Sutherland, J. The court have said that the plaintiff" cannot amend his declaration, nor the defendant his plea as of course, within the 20 days, by adding a new count or a new plea. (18 Johns. R 310.) This case falls within the spirit of those decisions. Adding the speaking of words giving a cause of action, new and distinct from that originally set forth, is equivalent to adding a new count, Motion granted,