Clark v. Clark
New York Supreme Court
A report was made in this cause by referees on the eighteenth day of October last, in favor of the plaintiff. On the twenty-second day of October, the defendant obtained an order from a circuit judge enlarging the time for the defendant to prepare affidavits, with the view of moving this court to set aside the report of the referees on the merits, for sixty days and in the mean time staying the proceedings on the part of the plaintiff; which order was on the same day duly…
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A report was made in this cause by referees on the eighteenth day of October last, in favor of the plaintiff. On the twenty-second day of October, the defendant obtained an order from a circuit judge enlarging the time for the defendant to prepare affidavits, with the view of moving this court to set aside the report of the referees on the merits, for sixty days and in the mean time staying the proceedings on the part of the plaintiff; which order was on the same day duly served on the plaintiff’s attorney. The plaintiff’s attorney disregarded the order, entered judgment on the report, and…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question in this case is, whether a circuit judge can enlarge the time for preparing affidavits and giving notice of motion to set aside the report of the referees. I think this case falls within the principle of the 39th rule of this court, although it is not embraced within its terms. That rule provides, that the time for preparing a case,' bill of exceptions or demurrer to evidence, and the time for preparing amendments thereto, may be enlarged by the judge before whom the cause was tried, or by one of the justices of this court. The same reason and…
2Cases cited1 opinion
- Lightbody v. PotterNew York Supreme Court · 1833