Culver v. Hollister
New York Supreme Court
I.A justice of the Supreme Court, like any other officer, when acting out of court, is an officer of limited jurisdiction. He may do just what the Legislature has authorized him to do; and whatever he does more than this, is done without jurisdiction. (Bangs a. Selden, 13 How. Pr., 374; Clark a. Judson, 2 Barb., 90.) II.
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I.A justice of the Supreme Court, like any other officer, when acting out of court, is an officer of limited jurisdiction. He may do just what the Legislature has authorized him to do; and whatever he does more than this, is done without jurisdiction. (Bangs a. Selden, 13 How. Pr., 374; Clark a. Judson, 2 Barb., 90.) II. Any judge, anywhere, may make an order out of the court, and without notice, staying the proceedings in an action, to enable a party to apply for some ulterior relief, provided the time shall not exceed twenty days; but if the stay goes beyond that limit, the order is void.…
1Opinion of the Court
I.—Appeal from an order denying a motion to set aside an order extending time to answer for irregularity.
This action was brought by John P. Culver against David M. Hollister and another, upon an undertaking given by defendants as sureties on an appeal: the appeal had been determined in favor of the respondent in the action in which the undertaking was given. The answer set up that the affirmance had been obtained by fraud and collusion between the parties. The plaintiff moved to require the answer to be made more definite and certain, by specifying the acts of collusion and fraud relied upon.…
2Cases cited7 opinions
- Ryle v. HarringtonNew York Supreme Court · 1857
- Cayuga County Bank v. WarfieldNew York Supreme Court · 1856
- Clark v. JudsonNew York Supreme Court · 1847
- Ward v. DeweyNew York Supreme Court · 1854
- Bangs v. SeldenNew York Supreme Court · 1856
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