
    John C. Walkenshaw et al. survivors, &c. of Hermann A. Slucher, on behalf of themselves and all other creditors of the firm of “John G. Perzel,” electing to come in, &c. plaintiffs, vs. John G. Perzel, defendant.
    1. A notice of motion served cannot be withdrawn or countermanded, without payment of the costs of the motion.
    2. But where a motion as originally noticed was, 1st. For leave to add parties defendants; and, 2d. For an injunction and a receiver; Meld that these motions were distinct, and that the first part of the motion might be withdrawn, leaving the second part still pending, without payment of the costs of the motion.
    3. New parties cannot be added to the action without amendment of the summons ; and the summons cannot be amended, of course, under section 172 of the Code, but leave of the court must be obtained under section 173.
    4. A plaintiff' may obtain leave to amend the summons under a general prayer contained in his notice of motion, “ for such other order or relief as the court shall see fit to grant.”
    5. When a party asks leave of the court to bring in new parties, he necessarily includes in that request a further request for leave to make such amendments in the pleadings and proceedings as will show the necessity of their being made parties, and to take such steps as shall be requisite to bring them into court.
    6. Provision may be made in the order allowing new parties to be brought in,'for the amendment of the summons and complaint, the service of the summons upon the new parties, and the service of the amended complaint upon those who were already parties, specifying in detail the proper proceedings to pursue; or it may simply allow them to be brought in, and the necessary amendments to be made to the summons and complaint, leaving the plaintiff to thereafter conduct the proceedings regularly, at his own peril.
    Before Jones, J.
    at chambers, December 12, 1866.)
     