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Romeyn v. Sickles

Court of Appeals of the State of New York
Feb 28, 1888
108 N.Y. 650 (N.Y. 1888)
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Summary

In Romeyn v. Sickles (108 N.Y. 650), a case largely relied upon by the appellant, the referee, it is said, "decided the law upon a cause of action not stated in the pleadings, or established, as we think, by the evidence."

Summary of this case from Van Fleet v. New Era Construction Co.
See 2 Summaries

Opinion

Argued January 26, 1888

Decided February 28, 1888

Edward W. Paige for appellant.

Theron G. Strong for respondent.

RUGER, Ch. J., reads for reversal and new trial.

All concur except ANDREWS, J., not voting.

Judgment reversed.

Summaries of

Romeyn v. Sickles

Court of Appeals of the State of New York
Feb 28, 1888
108 N.Y. 650 (N.Y. 1888)

In Romeyn v. Sickles (108 N.Y. 650), a case largely relied upon by the appellant, the referee, it is said, "decided the law upon a cause of action not stated in the pleadings, or established, as we think, by the evidence."

Summary of this case from Van Fleet v. New Era Construction Co.

In Romeyn v. Sickles, 108 N.Y. 650, the Court of Appeals ruled that a pleading cannot be amended in a material respect, except at a time which will give the opposite party a right and an opportunity to meet by proof the new allegations against him, saying: "It is a fundamental rule that judgment shall be secundum allegata et probata, and any departure from that rule is certain to produce surprise, confusion and injustice."

Summary of this case from Hecla Powder Co. v. Hudson River Ore Iron Co.
Case details for

Romeyn v. Sickles

Case Details

Full title:CHARLES W. ROMEYN, Respondent, v . DANIEL E. SICKLES, Appellant

Court:Court of Appeals of the State of New York

Date published: Feb 28, 1888

Citations

108 N.Y. 650 (N.Y. 1888)
13 N.Y. St. Rptr. 864

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