Waffle v. Vanderheyden
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the seventh circuit, dissolving an injunction, on the ground that the bill had not been served as required by the 35th rule of the court of chancery. The solicitors of the respective parties resided in different counties, but within twenty miles of each other. The complainant’s solicitor had filed an appointment of agent; but, by mistake, his name had not been entered in the book of agents kept by the clerk.
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This was an appeal from an order of the vice chancellor of the seventh circuit, dissolving an injunction, on the ground that the bill had not been served as required by the 35th rule of the court of chancery. The solicitors of the respective parties resided in different counties, but within twenty miles of each other. The complainant’s solicitor had filed an appointment of agent; but, by mistake, his name had not been entered in the book of agents kept by the clerk. The defendants’ appearances having been duly entered, and their solicitors finding, by an examination of the agency book, that…
1Opinion of the Court
The Chancellor.
As the neglect to have the name of the agent entered in the agency book was the fault of the clerk, and not of the complainant’s solicitor, it would have been a matter of course to have retained the injunction,, if the solicitor had shown that the notice of retainer did not come to hand- in season to enable him to serve a copy of the bill within the time required by the rule. There is no pretence of that kind, however, and there probably could not have been in this case. The appellant,, therefore, relied upon mere technical grounds as to the regularity of the proceedings of the…
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