Hupfel v. Schœmig
The Superior Court of New York City
This is an appeal from an order, denying defendant’s motion to vacate an order of Justice Speeder, made and entered on December 19, 1871, continuing injunction of Justice McCueve, granted ex parte, June 6, 1871, on the ground that more than twenty days had elapsed between the time of submission of the motion to Justice Speeder to continue said injunction (August 34, 1871), and the time of the decision and order of said justice, continuing said injunction, and appointing a…
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This is an appeal from an order, denying defendant’s motion to vacate an order of Justice Speeder, made and entered on December 19, 1871, continuing injunction of Justice McCueve, granted ex parte, June 6, 1871, on the ground that more than twenty days had elapsed between the time of submission of the motion to Justice Speeder to continue said injunction (August 34, 1871), and the time of the decision and order of said justice, continuing said injunction, and appointing a receiver. I. The order made on December 19, 1871, was Justice Speeder’s decision of the motion submitted on August 34,…
1Opinion of the Court
By the Court.—McCunn, J.
This is an appeal from an order made at special term, refusing to set aside *480another order of said special term, because the learned justice who heard the first motion at special term to dissolve the injunction, neglected to file or make known his decision within the twenty days prescribed by section 401 of the Code. The last order made at special term, and from which this is an appeal, should be affirmed for the following reasons:
First. Subdivision 8 of section 401 of the Code is directory. Such was the construction put upon a similar provision in section 267, by Mr.…
2Cases cited3 opinions
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Lewis v. JonesThe Superior Court of New York City · 1862
- People ex rel. Cahoon & Kelsey v. DodgeNew York Supreme Court · 1850