Schlegel v. Roman Catholic Church of the Most Holy Trinity
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 28, 1908, which affirmed an order of Special Term requiring the plaintiffs to receive an amended answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 28, 1908, which affirmed an order of Special Term requiring the plaintiffs to receive an amended answer. The following question was certified : “Was the defendant church entitled in this case to serve, as of course, its amended answer to the plaintiffs’ amended complaint thirty-eight days after it had served by mail its original answer to plaintiffs’ amended complaint?” The amended answer of the defendant church was not served in time, and was properly…
1Opinion of the CourtHaight, J.
The original answer in this case was served by mail. Thirty-eight days thereafter the amended answer was served. The order appealed from required the plaintiffs to accept it. The question presented is as to whether the defendants had twenty or forty days within which to serve their amended answer. The courts below have, from time to time, differed in their construction of the provisions of the Code upon the subject and the chief importance of this review is to have the question finally settled so that attorneys may know just the time within which they must make service of an amended pleading.…
2Cases cited2 opinions
- Armstrong v. PhillipsNew York Supreme Court · 1891
- Schlesinger v. Borough BankAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Warner v. StateNew York Court of Claims · 1947
- Southern Knitting Mills, Inc. v. Navy Knitting Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- Wood v. OrdwayNew York Supreme Court · 1909