Whitbeck v. Edgar
New York Court of Chancery
This was an appeal from an order of the late vice chancellor of the first circuit, overruling a demurrer, of the defendant Edgar, to the complainant’s bill.
1Opinion of the Court
The Chancellor
said "that although it was a general rule that a cross-bill could not be filed by any persons except parties to the original suit, yet that a purchaser, pendente lite, from a *107party to the suit, was a privy, and might file a bill, in the nature of a cross-bill, to make himself a party to the suit so as to have his rights protected.
He also held that a defendant could not demur to a bill merely because other persons were improperly made defendants in the suit. He said the objection could only be taken by those persons themselves. Neither could a defendant demur to the whole bill on…
2Cited by11 opinions
- Swift v. EllsworthIndiana Supreme Court · 1858
- Carlin v. JonesSupreme Court of Alabama · 1876
- Torrent v. HamiltonMichigan Supreme Court · 1893
- Schulz v. ZieglerSupreme Court of New Jersey · 1912
- Fitchett v. BlowsCourt of Appeals for the Eighth Circuit · 1896
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