Byrne v. Romaine
New York Court of Chancery
The defendant had obtained an order from the Vice-Chancdllor, under the 125th Rule of the court, for further time to answer; and he served a copy of it upon the solicitor for the complainant. The latter, considering it to be the practice that an- order upon such chamber order should be entered and served, treated the copy served upon him as a nullity: and took the bill pro confessa before the additional time so granted had expired.
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The defendant had obtained an order from the Vice-Chancdllor, under the 125th Rule of the court, for further time to answer; and he served a copy of it upon the solicitor for the complainant. The latter, considering it to be the practice that an- order upon such chamber order should be entered and served, treated the copy served upon him as a nullity: and took the bill pro confessa before the additional time so granted had expired. He, now moved for a reference as upon a bill duly taken as confessed.
1Opinion of the Court
The Vice-Chancellor.
-The case of Burrall v. Raineteaux related to a demurrer, and shows that this mode of enlarging time is not admissible in such cases. But I cannot think there is any occasion to enter an order in the clerk’s office for the purpose of giving force or effect to a chamber order granting *319further time to answer. The service of a copy thereof ought riot to have been treated as a nullity. Under the circumstances, I will not give costs against the complainant: but his application is refused.
2Cited by1 opinion
- Clark v. JudsonNew York Supreme Court · 1847