Allen v. Ackley
New York Supreme Court
Motion to set aside judgment, and to allow defendants to put in answer. The summons and complaint were served on the defendants on the 29 th and 30th of December, 1848, personally. The answer was served by depositing the same in the post office at Troy, on the 21st January, 1849, directed to the plaintiff. The answer was returned upon the ground that it was not served in time.
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Motion to set aside judgment, and to allow defendants to put in answer. The summons and complaint were served on the defendants on the 29 th and 30th of December, 1848, personally. The answer was served by depositing the same in the post office at Troy, on the 21st January, 1849, directed to the plaintiff. The answer was returned upon the ground that it was not served in time. Judgment was entered by the clerk on the 23d day of January, 1849. The defendant, D. W. Ackley, swears that he made no memorandum of the time of service of the summons and complaint, and when he sent word to his…
1Opinion of the Court
Paige, Justice.
The question presented on this motion is, whether
the court has power to allow the defendants to put in answer, they having neglected to answer within the twenty days prescribed by the code. It is insisted that as the code limits the time for putting in an answer, the court has no power to let the defendants in to make a defence. And has no power to enlarge the time within which an act is to be done, when such time is fixed by statute. (5 Wend. 136; Jackson v. Wickham, 10 Paige, 616.)
The code (sec. 107) provides that the summons shall require the defendant to answer the…
2Cases cited5 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Gay v. GayNew York Court of Chancery · 1843
- Crittenden v. WilsonNew York Supreme Court · 1825
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
- Meach v. ChappellNew York Court of Chancery · 1840