The Superior Court of New York City, 1852

Barber v. Bennett

The Superior Court of New York City · Decided February 20, 1852 · Bosworth, Duer, Paine, Sandford

6 Sandf. 705

Counsel

B. Galbraith, for tbe defendant., L. Gardenier, for the plaintiff.

Opinion of the Court

Sandford, J.,

Concurring Opinion

(with the concurrence of

Duer, Paine, and Bosworth, J. J.,)

held that it was not necessary for the moving party to show affirmatively that his motion was in time. If the notice is not given within the twenty days, the adverse party must show the fact in- the same way that he establishes any matter of defence not apparent in the moving papers.

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