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Trenton Mutual Life & Fire Insurance v. Hodges

THE TRENTON MUTUAL LIFE AND FIRE INSURANCE COMPANY ads. WILLIAM J. HODGES

Trenton Mut. Life & Fire Ins. v. Hodges, 24 N.J.L. 673 (1855)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
February 15, 1855
Judges
Elmer, Haines
Citations
24 N.J.L. 673
Headnotes
1. A motion for time to plead is a special motion reqairing two days5 notice* 2. When special circumstances are required to be shown to entitle a party to a rule, they ought to be verified by affidavit.
Summary
moved for time to plead, the time prescribed by the statute having expired.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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By the Court.

This is a special motion, and requires two days’ notice. Time to declare or plead, like amendments, are authorized at the discretion of the court, but are not “ proceedings specifically directed by the statute,” and are therefore not within the exception contained in the twenty- *674 ¡second rule of the court. It should be remembered, too, that when special circumstances are required to entitle a party to his motion, those circumstances ought to be verified $>y affidavit, unless they are admitted by the opposite party.

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