Champlin v. Champlin
New York Court of Chancery
Motion to take exceptions off the files. On the twenty-fourth day of May, one thousand eight hundred and thirty-four, the joint answer of Elizabeth S. Champlin, John Clark, Israel Dean and John Depeyster was excepted to for insufficiency; and, on the eleventh day of June thereafter, an order was entered referring the answer and exceptions to a master.
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Motion to take exceptions off the files. On the twenty-fourth day of May, one thousand eight hundred and thirty-four, the joint answer of Elizabeth S. Champlin, John Clark, Israel Dean and John Depeyster was excepted to for insufficiency; and, on the eleventh day of June thereafter, an order was entered referring the answer and exceptions to a master. The latter, by his report bearing date August 23,1884, found the answer sufficient; and this report was delivered to the complainant’s solicitor about three o’clock in the afternoon of the twenty-sixth of the same August: who filed it on the…
1Opinion of the Court
The Vice-Chancellor:
The question of practice involved in this case is, whether the exceptions to the master’s report were filed in time ? By the 56th Rule of the court the report upon exceptions is to be delivered to the party obtaining the reference, who is forthwith to file the same in the proper office ; and if he does not except to the report within eight days thereafter, it will become absolute as against him. But the adverse party is to have eight days after service of notice of filing the report to except to the same ; and if he does not do so within that time, then it becomes…
2Cited by4 opinions
- Anderson v. GoffCalifornia Supreme Court · 1887
- Sweet v. MarvinAppellate Division of the Supreme Court of the State of New York · 1896
- Tousley v. Mowers, New York County Courts1895
- Goodrich v. SullivanNew York Supreme Court · 1873