Livingston v. Kane
New York Court of Chancery
PETITION of the defendants, stating that the plaintiff in behalf of himself, and such other creditors of the defendant, James Kane, as should come in and contribute to the expense of the suit, on the 27th of .August last, filed his bill against the defendants, for relief, &c.
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PETITION of the defendants, stating that the plaintiff in behalf of himself, and such other creditors of the defendant, James Kane, as should come in and contribute to the expense of the suit, on the 27th of .August last, filed his bill against the defendants, for relief, &c. That an injunction was, on the same day, issued, enjoining the defendants, (except J. K.) not to proceed to execution on a judgment mentioned in the said bill, against the estate of the said J. K., nor to a sale on any execution already issued. That all the defendants answered the bill on the 20th of September ; but the…
1Opinion of the Court
The Chancellor.
This is not the ordinary case of an election. The plaintiff is not prosecuting the defendants here and at law, £C for one and the same matter or demand,” according to the language of the books in such cases. He has no suit at laxY existing against any of the *227defendants, except James 'Kane, and his counsel admit that his name is used in the suit in this court, pro forma merely, and is willing to have it struck out of the record. The suit at law is a judgment against James Kane, for a debt not in dispute, and the plaintiff is endeavouring to raise the debt by execution: The…
2Cited by6 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Blum Building Co. v. IngersollNew Jersey Court of Chancery · 1926
- Slaughter v. La Compagnie Francaises Des Cables TelegraphiquesCourt of Appeals for the Second Circuit · 1902
- Bradford v. WilliamsHigh Court of Chancery of Maryland · 1849
- In Re HuntSupreme Court of Rhode Island · 1895
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