New York Supreme Court July 15, 1839 (Jenkins v. Brown)

By the Courts

Cowen, J.

Mr. Lawton has submitted a very handsome, not to say a convincing argument, in favor of the justice’s power to grant the plaintiff in error leave to plead on the terms which he offered. I am strongly inclined to think, with him, that notwithstanding the 47th section of 2 R. S. 165, 2d ed.