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Reports of Cases Argued and Determined in the Court of Chancery of the State of New York [1828-1845] Volume 12

Reports of Cases Argued and Determined in the Court of Chancery of the State of New York [1828-1845] Volume 12


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 Excerpt: ...has a right to recover. But it must depend upon the nature and value of the claim which is actually made by the complainant. If the amount claimed by the bill to be due on the judgment is less than the amount prescribed in the statute, or if the value of the property or effects of the defendant, as claimed by the complainant, does not exceed $100, this court will not take jurisdiction of the case. For this reason, the rule of this court has required the complainant to state in his bill the true sum which is actually and equitably due on the judgment, as well as the fact that the defendant has property or effects to the value of more than one hundred dollars, which ought to be applied in satisfaction of such judgment; as the debt of the complainant and the property or effects of the defendant were both necessary to constitute a matter in dispute or litigation, of which the court of chancery would take cognizance. And to prevent the complainant from making a claim, either as to the amount due on the judgment, or as to 1834. the value of the defendant's property, which he does not believe to be just, another rule has required the bill to be verified by oath. In this case, therefore, the extent of the claim of the complainants to equitable relief, and which was the matter in dispute between these parties at the commencement of the present suit, did exceed one hundred dollars; and the defendant is not entitled to have the bill dismissed with costs, as a matter of right, under this statutory provision. It does not follow, however, that the defendant is to pay costs in a case where it turns out that his property and effects are less than $100; or that the complainant is to be excused from paying costs, as a matter of course, in such a case. This court has already ...


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Product Details
  • ISBN-13: 9781130468533
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 262
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1130468534
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 472 gr


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Reports of Cases Argued and Determined in the Court of Chancery of the State of New York [1828-1845] Volume 12
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