Newkirk v. Willett
New York Supreme Court
On the 18th day of April, 1799, the appellants filed a bill in chancery, setting forth that the testator died in the winter, 1792, and left the appellant, Gertrnyd Newkirk, his widow and executrix.
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On the 18th day of April, 1799, the appellants filed a bill in chancery, setting forth that the testator died in the winter, 1792, and left the appellant, Gertrnyd Newkirk, his widow and executrix. That soon after the respondent demanded a considerable sum of money, which she refused to. pay; that the respondent thereupon offered to submit the controversy to arbitration, which she *aiso refused ; and thereupon in April, 1793, and after her intermarriage with the appellant, Charles Newkirk, the respondent commenced a suit against them in the supreme court, for lOOOfi for money pretended to be…
1Opinion of the CourtKent, J.
This is an appeal from an interlocutory order of the court of chancery, dissolving an injunction without any answer being put in to the bill.
The two most material points which were raised on the argument upon this appeal, were these :
1st. Is an order, dissolving an injunction, one of the orders of the court below upon which an appeal will lie ?
2d. Did the bill contain sufficient equity to entitle the appellants to a discovery, and consequently, to an injunction, to stay proceedings at law, in the mean time ?
To determine the first question satisfactorily, and to draw the exact line of…
2Cited by4 opinions
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