McGuin v. Cace
New York Court of Common Pleas
Appeal from an order at special term denying defendant’s motion for leave to answer. The facts are stated in the opinion.
1Opinion of the Court
By the Court.—Hilton, J.
The defendants appealed from an order made at special term, denying their motion for leave to serve an answer.
It appears that before the time for answering the complaint expired, the defendants, upon a proper affidavit, obtained from one of the judges of this court an order extending the time to answer twenty days.
The order was duly served on March 21, 1859, the day of its date, upon the plaintiff’s attorney, but the service was not accompanied with the affidavit on which it was granted. It was for this reason disregarded (Code, § 405), and notice of taxation was given…
2Cases cited3 opinions
- Hanford v. McNairNew York Supreme Court · 1829
- Bander v. CovillNew York Supreme Court · 1825
- Quick v. MerrillNew York Supreme Court · 1805