Prudden v. City of Lockport ( 1870 )

Barker, J.

I am of the opinion, upon a reading of all the authorities cited, that the giving of the notice of this motion was a “ proceeding already had,” (Code, § 172,) and the amendment of the complaint did not' supersede the motion.

Motion granted, with $10 costs. Permission is given to the plaintiff to amend his complaint within ten days from the service of this order, as he shall be advised,