Satterlee v. Bargy

3 Paige Ch. 142

Opinion

The Chancellor

said, that decision was not intended to authorize the defendant to give notice of the motion for a time which would not allow the complainant the full period of ten days, prescribed by the 38th rule, to file and serve his exceptions, before the motion could be heard. That it was irregular to give the notice for a day which was within the time, limited by that rule, for excepting; as, by the next rule, the motion could not be heard within that time.