Byrne v. Romaine

New York Court of Chancery

Byrne v. Romaine

1 Edw. Ch. 318, 1832 N.Y. LEXIS 232, 1832 N.Y. Misc. LEXIS 26

CourtNew York Court of Chancery

DecidedApril 2, 1832

StatusPublished

Cited by1 cases

This text of 1 Edw. Ch. 318 (Byrne v. Romaine) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byrne v. Romaine, 1 Edw. Ch. 318, 1832 N.Y. LEXIS 232, 1832 N.Y. Misc. LEXIS 26 (N.Y. 1832).

Pincite

Opinion

The Vice-Chancellor.

-The case of Burrall v. Raineteaux related to a demurrer, and shows that this mode of enlarging time is not admissible in such cases. But I cannot think there is any occasion to enter an order in the clerk’s office for the purpose of giving force or effect to a chamber order granting [319]*319further time to answer. The service of a copy thereof ought riot to have been treated as a nullity. Under the circumstances, I will not give costs against the complainant: but his application is refused.

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The Vice-Chancellor.

-The case of Burrall v. Raineteaux related to a demurrer, and shows that this mode of enlarging time is not admissible in such cases. But I cannot think there is any occasion to enter an order in the clerk’s office for the purpose of giving force or effect to a chamber order granting [319]*319further time to answer. The service of a copy thereof ought riot to have been treated as a nullity. Under the circumstances, I will not give costs against the complainant: but his application is refused.

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Bluebook (online)

1 Edw. Ch. 318, 1832 N.Y. LEXIS 232, 1832 N.Y. Misc. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrne-v-romaine-nychanct-1832.

Opinion

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