Johnston v. Bloomer
New York Court of Chancery
Motion to set aside an order, referring exceptions taken to an answer. An answer to a supplemental bill was filed on the sixteenth day of May; and served on the same day. Exceptions to it were taken, filed and served on the twenty-ninth of the same May. An order to refer the exceptions to a master was entered on the twenty-fourth of June following.
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Motion to set aside an order, referring exceptions taken to an answer. An answer to a supplemental bill was filed on the sixteenth day of May; and served on the same day. Exceptions to it were taken, filed and served on the twenty-ninth of the same May. An order to refer the exceptions to a master was entered on the twenty-fourth of June following. A summons, tinder this order, dated the fifth of July and returnable the eleventh day of the same July, was served, and the solicitor for the defendant, who had thus answered, attended before the master and objected to the complainants proceeding…
1Opinion of the Court
The Vice-Chancellor :
The defendant has taken no step which at all recognizes the validity of the order of reference, nor has he so delayed giving notice of this motion as to have waived his right to object to the order. The reason why a delay operates as a waiver does not exist in this case. If the complainants had been lulled into a belief of the regularity of their order and taken proceedings consequent upon it, while the defendants’ solicitor had a knowledge of the irregularity and apparently acquiesced and induced the complainants to go on and incur an expense, with a view of afterwards…
2Cited by1 opinion
- Meislahn v. HankenNew York Court of Common Pleas · 1892