Hunt v. Wallis

Citations

• 6 Paige Ch. 371
• 1837 N.Y. LEXIS 294
• 1837 N.Y. Misc. LEXIS 77

Syllabus

<p>A chamber order made by a vice chancellor or an injunction master, giving further time to answer, and not entered in the minutes as an order of the court, is a mere nullity if not authorized by the 125th rule; and an application to set aside such an order is unnecessary.</p> <p>A vice chancellor has no power to make a chamber order, in a suit before him, except were he is authorized by a general rale. But an order made by the vice chancellor before whom the cause is pending will be deemed as made in court and not as a chamber order, where it is drawn up and entered with the clerk as an order of the court.</p> <p>An irregular order made by the court and entered as a special order, although made ex parte, is not void, but remains in force until it is set aside by the court, or is waived by stipulation.</p> <p>Where several applications in a cause are decided at the same time, if the party who draws up the order on such decisions neglects to state therein a part of the directions of the court which were given, the adverse party, instead of entering a seperate order, should propose amendments to the first order as drawn up ; or he should apply to have such order corrected so as to embrace therein the whole directions given by the court on such applications.</p> <p>Where a party drew up and entered an order not warranted by the decision of the court, and appealed therefrom, and the court afterwards set aside the order as improperly entered, the appellate court, upon the application of the respondent, ordered the appeal to be dismissed.</p> <p>Where the respondent draws up and enters an order which is appealed from by the adverse party, it does not lie with the respondent to object that such order is not in conformity to the decision of the court, as to the part thereof which is appealed from. But the court by whom the order was made may direct the order to be corrected, so as to conform to the decision, notwithstanding the appeal. And if the order is thus entered, the