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5 Wend. 136

Jackson ex dem. Bleecker v. Wiseburn

New York Supreme Court

Decided December 9, 1830

New York Supreme Court · decided 1830-12-09

Motion to vacate judge’s order. The plaintiff sued out a writ of error from this court to the superior court of the city of New-York, and gave bond with sureties for the prosecution of the same. The defendant excepted to the sufficiency of the sureties.

Good law ✅— No negative treatment on recordhow we know

Decided 1830-12-09

How this case has been cited

Cited by 21 later decisions — most recently November 1971

19 state decisions

50183018401850186018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Marcy, J.

¶2By the provisions of the revised statutes, a defendant in error has 20 days after notice of a bond executed on the suing out of a writ of error to ex-*137eept to the sureties; and if such sureties do not justify within ten days after notice of such exceptions served on the plaintiff in error, the writ of error may be superseded by the order of any officer authorized to allow the same. 2 R. S. 597, 8, § 34, 35, 36. It is the ordinary course of the court to enlarge the lime to plead, or other time prescribed for any other purpose.by the rules or practice of the court upon cause shewn; but neither a commissioner in vacation nor the court in term can enlarge the lime within which an act is tobe done, when such time is regulated by statute. The rules and practice of the court being established by the court, may be made to yield to circumstance, to promote the ends of justice. Not so as to a statute; it is unbending, requiring implicit obedience as well from the court as from its suitors. The court possesses no dispensing power, and the judge did right to vacate the order made by him.

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