Bucklin v. Buffalo, Attica & Arcade Railroad

Defendant served its answer by mail on September 26, 1903. Plaintiff mailed an amended complaint to defendant’s attorney thirty-one days thereafter, to wit, on October 21, 1903, which the latter returned on the ground that it was not served in time.

*558The question thus raised is whether the plaintiff acquired double time within which to serve his amended complaint owing to the fact that defendant served its answer by mail.

The Code (§ 798) provides “ Where it is prescribed in this act, or in the general rules of practice, that a notice must be given, or a paper must be served, within.a specified…