Wilder v. Wheeler

New York Supreme Court

Wilder v. Wheeler

1 How. Pr. 114

DecidedMarch 15, 1845

StatusPublished

This text of 1 How. Pr. 114 (Wilder v. Wheeler) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilder v. Wheeler, 1 How. Pr. 114 (N.Y. Super. Ct. 1845).

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Opinion

Beardsley, Justice.

Held that under the 39th rule, both orders were a nullity. The recorder had no power to make an order for that.purpose within four days; and after the four days had expired, the circuit judge had no power to grant a similar order; but allowed the service of defendant’s papers for the motion to set aside the report to be deemed good service, on payment of $7 costs of opposing this motion in twenty days» and that plaintiffs have twenty days thereafter to serve counter affidavits_ Judgment to stand as security.

Rule accordingly.

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Beardsley, Justice.

Held that under the 39th rule, both orders were a nullity. The recorder had no power to make an order for that.purpose within four days; and after the four days had expired, the circuit judge had no power to grant a similar order; but allowed the service of defendant’s papers for the motion to set aside the report to be deemed good service, on payment of $7 costs of opposing this motion in twenty days» and that plaintiffs have twenty days thereafter to serve counter affidavits_ Judgment to stand as security.

Rule accordingly.

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Bluebook (online)

1 How. Pr. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilder-v-wheeler-nysupct-1845.