Parmenter v. Roth
New York Court of Appeals
Appeal from an order. R. A. and F. J. Parmenter sued John and James C. Roth, in the supreme court, to recover for services and disbursements. A similar action was brought at the same time against John Roth alone. The attorney for John Roth applied ex-parte to the county judge of Rensselaer county, and obtained orders extending the time to answer, ten days.
Read the full summary
Appeal from an order. R. A. and F. J. Parmenter sued John and James C. Roth, in the supreme court, to recover for services and disbursements. A similar action was brought at the same time against John Roth alone. The attorney for John Roth applied ex-parte to the county judge of Rensselaer county, and obtained orders extending the time to answer, ten days. The plaintiffs immediately applied ex-parte to the same judge, to modify his orders by inserting a condition that defendant’s answer should not set up the statute of limitations. The county judge did not grant the modification ex-parte, but…
1Opinion of the Court
By the Court.—Rapallo, J.
It appears from the affidavits, that the original answer was served after the decision of the motion to modify, though before the service of the order thereon. The decision of the motion terminated the stay contained in the order to show cause, and it was therefore regular to serve an answer at that time.
The service was also within the time given by the original order extending the time to answer. If that order had not been modified, the defendant would have had the right, within twenty days after service of the original answer, to amend it of course, as he did, by…
2Cases cited2 opinions
- Merritt v. SlocumNew York Supreme Court · 1848
- Rogers v. McElhoneNew York Supreme Court · 1860