Haywood v. Thayer

10 Wend. 571

Opinion

The objection was sustained by the court, Mr. Justice Sutherland remarking that here the time to plead was enlarged 28 days without any reason whatever shewn for it; that commissioners ought to confine parties to the shortest possible time for pleading, when applied to for an enlargement of the rule to plead ; and where the effect of such enlargement will probably be a loss of trial, unless short notice of trial be accepted, they should impose the acceptance of such notice as a condition.

Motion denied.