Savage v. Relyea
New York Supreme Court
The motion in this cause was heard before Willard, Justice, out of court, in pursuance of notice under the 860th section of the code; and after disposing of the motion upon the merits, a question arose as to the entry of the decision and of the final disposition of the affidavits of the respective parties, read on the motion.
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The motion in this cause was heard before Willard, Justice, out of court, in pursuance of notice under the 860th section of the code; and after disposing of the motion upon the merits, a question arose as to the entry of the decision and of the final disposition of the affidavits of the respective parties, read on the motion. On this branch of the case, the judge proceeded as follows:—• When a motion is made to a justice out of term, upon notice, as it may be under the 360th section of the code, in all cases, except for a new trial on the merits, as well the papers on which the motion is…
1Opinion of the Court
There are numerous orders made by a justice at chambers, in the progress of a cause, ex parte, which need not be entered with the clerk. Of this class, an order to enlarge the time to answer and the like, granted in pursuance of the 366th section of the code. By the same section it is required that the affidavit, or a copy thereof, be served, with a copy of the order, or that the order may be disregarded. There is no appeal to a general term from the decision of a judge, in granting or refusing an ex parte order (§ 300.) The remedy of the party aggrieved, in such cases, is under the 272d…
2Cited by5 opinions
- McAlpin v. StoddardAppellate Terms of the Supreme Court of New York · 1907
- Sinnott v. First National BankAppellate Division of the Supreme Court of the State of New York · 1898
- Conant v. American Rubber Tire Co.New York Supreme Court · 1902
- F. B. Matthews & Co. v. Maskin, New York County Courts1941
- Sinnott v. First Nat. BankAppellate Division of the Supreme Court of the State of New York · 1898