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Byrne vs. Romaine

New York Court of Chancery1832-04-02
1 Edw. Ch. 318

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 further 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.