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Reports of Chancery Cases Decided in the First Circuit of the State of New York by the Hon. William T. McCoun, Vice Chancellor Volume 1

Reports of Chancery Cases Decided in the First Circuit of the State of New York by the Hon. William T. McCoun, Vice Chancellor Volume 1


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About the Book

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. 1844 Excerpt: ...moneys of hre in the hands of other men: see under the head of "Money" and "Sequestration," Toth. 135 and 175. And in Hyde v. Pettit, I Ch. Ca. 91, it was stated, that a sequestration had been extended so far of late as to sequester things in action which no execution at common law could reach, and the consequence whereof, it was argued, would be destructive to trade and commerce; but the court entertained no such apprehension and held a sequestration to be a necessary process of the court. In Simmons v. Lord Kinnaird, 4 Fes. 735, these cases, and some WHITE v. others before Lords Macclesfield and Bathurst, were referred to 1832. in argument, and the effect of them, as binding authorities, was questioned. Lord Eldon, however, declined deciding any of the points which were there presented, and overruled the Geraeuut. demurrer upon technical grounds; at the same time intimating, pretty clearly, the strong inclination of his mind to favor the process of sequestration to the full extent desired. Lord Talbot, in Martin v. Kerridge, 3 P. W. 240, admitted the propriety of a sequestration where a party taken into custody by process of attachment continued in prison without paying the debt. I have no hesitation, therefore, in saying, this court is competent, through the medium of sequestration, to lay hold of property of every description any where within its jurisdiction, belonging to a party in contempt for not obeying a decree; and also, has power to apply it in satisfaction of the debt or duty decreed against such person. Is there then or can there be any valid objection to the exercise of the same power in another way, in order to attain the same end? I think not, provided special circumstances require it. In the present case, instead of wait...


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Product Details
  • ISBN-13: 9781130507287
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 240
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1130507289
  • Publisher Date: 06 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 435 gr


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