¶1The Chancellor:—The true construction of the rule of December 1st, 1825, (same as new rule 68,) is, that where notice of the order to produce witnesses has been served upon an agent, each party has double the usual time, before either can enter an order to close the proofs. If the adverse party wishes to shorten the time, he must obtain an order on his part, and serve notice thereof on the opposite *648solicitor in person, or at Ms office. The complainant in tMs case has therefore sufficient time left to examine Ms witnesses, and no extension thereof is necessary.
1 Paige Ch. 647
James v. Berry
Decided December 5, 1829
New York Court of Chancery · decided 1829-12-05
The complainant obtained a rule to produce witnesses in 40 days, and served notice thereof on the agent of the defendants’ solicitor. Previous to the' expiration of the 40 days, the complainant’s solicitor, upon an affidavit stating that he had not been able to examine his witnesses, applied for an extension of the time.
Decided 1829-12-05