Wakeman v. Gillespy
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the fourth circuit, dissolving an injunction. The motion was founded upon bill and answer; but as the time for excepting to the answer of some of the defendants had been extended by a chamber order, the decision of the vice chancellor was put upon the want of equity in the complainants’ bill.
1Opinion of the Court
The Chancellor.
A chamber order, allowing the complainant further time to file exceptions, made by an injunctian master or vice chancellor out of the court, under the authority given to those officers by the 125th rule of this court, does not operate so as to enlarge the time within which exceptions must be filed to prevent an application for the dissolution of an injunction upon bill and answer. If the complainant finds it necessary to extend the time for excepting, beyond the ten days limited by the 38th rule, he must make a special application to the court, upon due notice to the adverse…
2Cited by3 opinions
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Coffee v. NewsomSupreme Court of Georgia · 1850
- Vliet v. LowmasonNew Jersey Court of Chancery · 1841