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Reports of Cases Adjudged in the Court of Chancery of New York (Volume 16)

Reports of Cases Adjudged in the Court of Chancery of New York (Volume 16)


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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. 1887. Excerpt: ... Wheeler v. Ileerinans. The only statement in the bill relative to the residence of the defendants, was that they reside in the county of Dutchess. The defendants appeared separately and demurred to the bill for the want of equity. C. W. Swift, for the defendant Haight. The bill contains no averments that the fi.fa. was issued to the county where the defendants resided when it was so issued, so that the legal remedy was not ex- 598 hausted. (7 Paige, 663; 10 ibid. 519.).Judgments in the supreme court and common pleas are now on the same footing in respect of issuing executions. J. Brush, for the defendant Heermans, urged the same grounds in support of his demurrer. W. Wilkinson, for the complainant. The case made by the bill is strictly within the provisions of the revised statutes. (2 E. S. 102, 41; 2d cd.) The ease in 10 Paige, was in the supreme court, and our judgment was iu the common pleas. Leggett v. Hopkins, (7 Paige, 149, is decisive in our favor. Since the act of 1840, it is not necessary to issue an execution to another county, unless a transcript of the judgment was docketed there. The act did not intend to have such transcripts made, except to counties where the defendants have lands. This fact is not to be presumed, and the defendants should plead it if they had property elsewhere. If we are wrong, the defect is inadvertent, and we should have leave to amend without costs. The Assistant Vice-chancellor.--The allegation in the bill that the defendants reside in the county of Dutchess, applies to the time of tiling the bill. It is not an allegation that they resided in that county when the execution was issued. The defendants insist that the bill, by reason of this omisdon, fai's to show that the complainant has exhausted his Wheeler v....


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Product Details
  • ISBN-13: 9781235644016
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 538
  • Spine Width: 28 mm
  • Width: 189 mm
  • ISBN-10: 1235644014
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 948 gr


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