Rules of the Appellate Term, Supreme Court, First Department, With Notes, References And Index

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Fiestel, 2 E. D. Smith, 91.
Payment of costs, would undoubtedly be required, under such circumstances, if leave were granted. To procure a further or amended return, it must appear that the amendment sought is material and important upon the issues brought up for review. The return being conclusive upon the Appel- late Court (see notes to Rule "III") , where a return has been filed, both parties should be prompt to examine it, and if it is incorrect promptly move for its correction.
When a moti
...on is made for an amended return, the Court will examine the matters in respect to which an amended re- turn is sought, and the application will be refused as to what- ever is irrelevant or immaterial to the questions presented for view by the appeal. Onderdonk vs. Ranlett, 3 Hill., 323, 329.
Where it is evident that the judgment must be reversed, even though the amendment is ordered the motion for an amended return will be denied. Wightman v. Clapp, 2 Cow., 517. Also where by an examination of the return and by the appellant's affidavits that the amendment sought is incorrect in fact id.


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