Keeler v. Olin
New York Supreme Court
Motion to set aside judgment and execution. This action was ¡brought "by Robert Keeler against Witman S. Olin. The summons and complaint were served personally upon the defendant, July 23, 1870. The place of trial was Rensselaer county. On the 12ill day of August, 1870, the defendant procured from the special surrogate of Washington county, an order extending the time to answer twenty days; and on the same day served it by mail upon the plaintiff’s attorney.
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Motion to set aside judgment and execution. This action was ¡brought "by Robert Keeler against Witman S. Olin. The summons and complaint were served personally upon the defendant, July 23, 1870. The place of trial was Rensselaer county. On the 12ill day of August, 1870, the defendant procured from the special surrogate of Washington county, an order extending the time to answer twenty days; and on the same day served it by mail upon the plaintiff’s attorney. The defendant’s attorney resided in the. county of Washington at the time the order was granted. The plaintiff’s attorney returned the…
1Opinion of the CourtIngalls, J.
The only question of importance involved in the motion, is whether the special surrogate *450was authorized to grant the order extending the time to answer. The statute creating the offices of special county, judge and special surrogate for Washington county, was passed April 3, 1855 {Sess. Laws 1855, 228).
Section 2 reads as follows:
“ Section 2. Each of such persons so elected, in case he shall be of thd.degree of counselor at law in the supreme court, shall also possess all the powers and perform the duties that are now performed by a county judge at chambers, &c.”
At the time this statute took…
2Cases cited1 opinion
- Chubbuck v. MorrisonNew York Supreme Court · 1852