McCrane v. Moulton , 3 Sandf. 736 ( 1851 )

Mason, J. (with the concurrence of all the justices.)

A summons cannot be amended without leave of the court. Section 172 of the code, allowing a pleading to be once amended of course, does not apply to a summons, which is not a pleading, but process. The power of amendment is in terms confined to the court by § 173.

The motion to set aside the amended summons in each case is granted without costs.