New York Court of Chancery, 1832

Byrne v. Romaine

Byrne v. Romaine
New York Court of Chancery · Decided April 2, 1832
1 Edw. Ch. 318; 1832 N.Y. LEXIS 232; 1832 N.Y. Misc. LEXIS 26

Counsel

Mr. Mulock, for the application, cited Burrall v. Raineteaux, 2 Paige’s C. R. 331., Mr. S. B. Romaine, in person, opposed.

Byrne v. Romaine

Opinion of the Court

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 *319further 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.