Legal Opinion

Griffith v. Griffith

New York Court of Chancery

Decided September 21, 1841PublishedCited by 20 opinions

This was an appeal from a decree of the assistant vice chancellor of the first circuit, dismissing the complainant’s supplemental bill, with costs, as against the defendants Nash & Keyser ; and directing the receiver to pay over to them the rents and profits of the premises in controversy between the complainant and these defendants. The facts upon which the decree of the assistant vice chancellor was based are stated in the report of the case before him. (1 Hoff.

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This was an appeal from a decree of the assistant vice chancellor of the first circuit, dismissing the complainant’s supplemental bill, with costs, as against the defendants Nash & Keyser ; and directing the receiver to pay over to them the rents and profits of the premises in controversy between the complainant and these defendants. The facts upon which the decree of the assistant vice chancellor was based are stated in the report of the case before him. (1 Hoff. Ch. Rep. 153.)

1Opinion of the Court

The Chancellor.

This case came before the court below upon the pleadings, and upon the verdict of a jury upon the issues framed under the act of April, 1838, to regulate the trial by jury and the taking of testimony in chancery. While that act was in force no testimony could be taken in suits in this court, except by the consent of parties, where issues of fact suitable for the determination of a jury could be framed upon the material points in the case. And where the issues framed under that act, and the verdict of the jury, in connection with the matters admitted in the pleadings between the…

2Cited by20 opinions

  1. Miller v. SherrySupreme Court of the United States · 1865
  2. Simpson v. . Del HoyoNew York Court of Appeals · 1883
  3. Brannon v. MayIndiana Supreme Court · 1873
  4. Howell v. . MillsNew York Court of Appeals · 1873
  5. Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880

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