Jackson ex dem. Bleecker v. Wiseburn
New York Supreme Court
Motion to vacate judge’s order. The plaintiff sued out a writ of error from this court to the superior court of the city of New-York, and gave bond with sureties for the prosecution of the same. The defendant excepted to the sufficiency of the sureties.
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Motion to vacate judge’s order. The plaintiff sued out a writ of error from this court to the superior court of the city of New-York, and gave bond with sureties for the prosecution of the same. The defendant excepted to the sufficiency of the sureties. On the last day for justifying, the plaintiff, on an .affidavit of the absence of his sureties from the city, and of their expected return within the course of two weeks, obtained from a judge an order enlarging the time for justifying fifteen days; which order the judge within the fifteen days vacated. From this last order the plaintiff…
1Opinion of the Court
By the Court,
Marcy, J.
By the provisions of the revised statutes, a defendant in error has 20 days after notice of a bond executed on the suing out of a writ of error to ex-*137eept to the sureties; and if such sureties do not justify within ten days after notice of such exceptions served on the plaintiff in error, the writ of error may be superseded by the order of any officer authorized to allow the same. 2 R. S. 597, 8, § 34, 35, 36. It is the ordinary course of the court to enlarge the lime to plead, or other time prescribed for any other purpose.by the rules or practice of the court upon…
2Cited by25 opinions
- Harris v. MercurSupreme Court of Pennsylvania · 1902
- Klugman v. Gimbel Bros.Superior Court of Pennsylvania · 1962
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- Woolridge v. McKennaUnited States Circuit Court · 1881
- People Ex Rel. Northchester Corp. v. MillerNew York Court of Appeals · 1942
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