Brown v. St. John
New York Supreme Court
Motion to set aside a default for not pleading. The decíaration was served on Tousey on the 5th, and on St. John on the 6th September, 1838. On the 20th the Recorder of New-York (the circuit judge of the 1st circuit being absent) ,granted an order allowing 20 days further time to plead, which was served on the same day.
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Motion to set aside a default for not pleading. The decíaration was served on Tousey on the 5th, and on St. John on the 6th September, 1838. On the 20th the Recorder of New-York (the circuit judge of the 1st circuit being absent) ,granted an order allowing 20 days further time to plead, which was served on the same day. On the 3d October, the circuit judge being in town, made an older vacating the Recorder’s order unless the defendant’s attorney would forthwith stipulate to take short notice of trial, which was served the same day, on the defendant’s attorney; and he neglecting to stipulate,…
1Opinion of the Court
By the Court,
Cowen, J.
It is insisted, in the first place that Judge Edwards had no power to revoke the order made by the recorder. The order for time was in its own nature revocable, and, being open to abuse, we have given every reasonable countenance to its revocation, in a proper case. By the return of the circuit judge to town, the power of the recorder was gone. The statute of 1832, Sess. L. 189, § 6, sub. 3; 2- R. S. 128, 2d ed., declares that no supreme court commissioner in the city of New-York shall be authorized to make any order or do any act relative to suits pending in this court;…
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