Murray v. Coster
Court for the Trial of Impeachments and Correction of Errors
Appeal from the Court of Chancery. The history and statement of'this cáse may be gathered from 5 John. Ch. Rep. 522, S. C. 7 id. 157, S. C. and 20 John. Rep. 567, 610, S. C. on appeal from the decision in 5 John. Ch. Rep. 522. It now came up on appeal from the order mentioned in 7 John.
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Appeal from the Court of Chancery. The history and statement of'this cáse may be gathered from 5 John. Ch. Rep. 522, S. C. 7 id. 157, S. C. and 20 John. Rep. 567, 610, S. C. on appeal from the decision in 5 John. Ch. Rep. 522. It now came up on appeal from the order mentioned in 7 John. Ch. Rep. 173, overruling certain exceptions to the masters report; The following brief view of the case is however deemed proper in this place: John G. Coster and others, the respondénts, as assignees of the Columbian Insurance Company, in June, 1821, filed their bill against John & James B. Murray, the…
1Opinion of the CourtSutherland, J.
(after stating the case.) The first and principal question which arises, is, whether the appellants, after their plea of the statute of limitations had been overruled, were at liberty to insist on the same matter by way of ansiuer. If it should be held that they were not, then the exceptions to the answer are clearly well taken; as the appellants, being deprived of their bar to the relief sought, were bound to answer fully to all the matters contained" in the bill.
The point stated.
But if they were entitled to set up the same defence by way of answer, which had been passed upon and overruled,…
2Cases cited2 opinions
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Laurence v. HopkinsNew York Supreme Court · 1816
3Cited by12 opinions
- Tennant v. . DudleyNew York Court of Appeals · 1895
- Sailor v. HertzoggSupreme Court of Pennsylvania · 1845
- Nutter v. O'DonnellSupreme Court of Colorado · 1882
- Bayliss v. MurraySupreme Court of Iowa · 1886
- Armour v. GaffeyAppellate Division of the Supreme Court of the State of New York · 1898
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