Warder v. Patterson

Supreme Court of Dakota

Warder v. Patterson

6 Dakota 83

CourtSupreme Court Of The Territory Of Dakota

DecidedMay 15, 1888

StatusPublished

Cited by2 cases

This text of 6 Dakota 83 (Warder v. Patterson) is published on Counsel Stack Legal Research, covering Supreme Court Of The Territory Of Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warder v. Patterson, 6 Dakota 83 (dakotasup 1888).

Pincite

Opinion

By the Court :

The judgment of the court below is affirmed. The court holds that the order of the judge enlarging the time to answer after the statutory period had elapsed, while irregularly made and perhaps open to a motion to be set aside, was yet in effect a granting of time and binding upon appellants, and the judgment by default obtained before another judge during the .pendency of such order was propérly set aside,on motion by the judge who granted the leave to answer, and appellants ought not to complain that it was done without terms.

All concur.

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By the Court :

The judgment of the court below is affirmed. The court holds that the order of the judge enlarging the time to answer after the statutory period had elapsed, while irregularly made and perhaps open to a motion to be set aside, was yet in effect a granting of time and binding upon appellants, and the judgment by default obtained before another judge during the .pendency of such order was propérly set aside,on motion by the judge who granted the leave to answer, and appellants ought not to complain that it was done without terms.

All concur.

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Bluebook (online)

6 Dakota 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warder-v-patterson-dakotasup-1888.

Opinion

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