Condon v. Church of St. Augustine
New York Court of Common Pleas
Action by Patrick J. Condon against the Church of St. Augustine and others. Plaintiff moves to vacate an order extending the time of defendant the Church of St. Augustine to serve an amended answer. Denied.
1Opinion of the CourtGiegerich, J.
The time of the defendant the Church of St. Augustine to serve an amended answer was extended by stipulation of the parties until September 30, 1895. On that day the said defendant, ex.parte, obtained from the court an order extending its time until and including 10 days after the entry and service of an order on another motion then pending. The plaintiff seeks to have this order vacated upon the ground that no notice of the application was given, and that a judge had no power, ex parte, to make the order, and in any event should have limited the extension to 20 days. A party may amend a…
2Cases cited2 opinions
- Sisson v. LawrenceNew York Supreme Court · 1862
- Travis v. TravisNew York Supreme Court · 1888
3Cited by1 opinion
- Tuska v. Heller, Hirsh & Co.Appellate Division of the Supreme Court of the State of New York · 1910