Moore v. Thomas Moore Distilling Co.

Citations

• 234 Pa. 413
• 83 A. 281
• 1912 Pa. LEXIS 662

Syllabus

<p>Practice, O. P. — Buie to show cause — Extension of time for answer — Discretion of court — Deceiver’s sale.</p> <p>1. Where a rule is granted to show cause why a receiver should not make a private sale, and notice of the rule is accepted before the return day by a party in interest, and such party twenty-one days after the return day asks leave to file an answer nunc pro tunc as of the return day, and leave is refused, such action of the court will not he reversed by the appellate court, if it appears that no explanation or excuse was offered for the delay by the respondent.</p> <p>2. The allowance or refusal to allow an extension of time in which to plead or answer is a matter within the discretion of the court in which the proceeding is pending. It is a power indispensable to the proper conduct of the business of the court, and nothing short of gross abuse would warrant a reversal of its order.</p>