
    ANDREW SOHER, Respondent, v. JAMES C. FARGO, Trustee etc., Appellant.
    
      Supplemental complaint—leame of court neaessa/ry to s&rve.
    
    The plaintiff in this action, four months after the service of the answer, served an amended summons and a supplemental complaint, without obtaining any leave of court, either ex parte or on motion. Held, that this should be set aside; that the right to serve a supplemental complaint is not an absolute one, but rests in the sound discretion of the court, and it cannot be served without leave of the court first obtained. •
    
      Beach v. Reynolds (58 N. Y., 1) followed.
    Appeal from an order made at the Special Term, denying a motion to vacate and set aside, as irregular and unauthorized, an amended summons and a supplemental complaint.
    
      Hamilton Cole, for the appellant.
    
      E. I. Andrews, for the respondent.
   Opinion by Brady, J.

Davis, P. J., and Daniels, J., concurred.

Order reversed, with costs.  