Bortle v. Mellen
New York Supreme Court
Motion for leave to serve exceptions, and to allow sureties on appeal to justify. This was an action by Richard Bortle and another against William H. Mellen and another, upon a bond given on the discharge of a steamboat from attachment. The cause was tried before a referee, who rendered judgment for the plaintiffs. The defendants’ counsel procured various extensions to serve exceptions, until sixty days after notice of the entry of judgment.
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Motion for leave to serve exceptions, and to allow sureties on appeal to justify. This was an action by Richard Bortle and another against William H. Mellen and another, upon a bond given on the discharge of a steamboat from attachment. The cause was tried before a referee, who rendered judgment for the plaintiffs. The defendants’ counsel procured various extensions to serve exceptions, until sixty days after notice of the entry of judgment. In the mean time the defendant served notice of appeal, and procured an undertaking to stay proceedings pending the appeal. The plaintiffs, excepted to…
1Opinion of the CourtLeonard, J.
The case of Beach a. Gregory (2 Abbotts’ Pr., 203; and 3 Ib., 78) is authority adverse to the defendants’ motion. On the other hand, Sheldon a. Wood (14 How. Pr., 18) is a case in which the right to permit exceptions to be filed after the time allowed by section 272 of the Code has expired, was exercised by the Superior Court.
The true construction of section 174 warrants the exercise of such 'authority in the discretion of the court.
*229Iri the present case the time to file exceptions was permitted by the defendants to elapse, after it had been extended by consent for several weeks beyond the…
2Cases cited1 opinion
- Sheldon v. WoodThe Superior Court of New York City · 1857
3Cited by2 opinions
- Che Gong v. StearnsOregon Supreme Court · 1888
- Gade v. GadeNew York Supreme Court · 1884