Lockwood v. Bates
Court of Chancery of Delaware
Bill to obtain the benefit oe a set pee.—This bill was filed under the circumstances following: A bill in equity had been filed in the Court of Chancery for Kent county, at the suit of James Clayton, Samuel Lockwood and Armwell Long, three members of the firm of Mitchell, Lockwood & Co., against John Mitchell, the remaining member of the firm, the object of which bill, was. to obtain a settlement of the affairs of the partnership by Mitchell, who had been the active partner.
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Bill to obtain the benefit oe a set pee.—This bill was filed under the circumstances following: A bill in equity had been filed in the Court of Chancery for Kent county, at the suit of James Clayton, Samuel Lockwood and Armwell Long, three members of the firm of Mitchell, Lockwood & Co., against John Mitchell, the remaining member of the firm, the object of which bill, was. to obtain a settlement of the affairs of the partnership by Mitchell, who had been the active partner. The cause was proceeded in to a hearing at the August Term, 1823, and the opinion of the then Chancellor, Ridgely, was…
1Opinion of the Court
Johns, Jr., Chancellor.
In considering this ease I have reversed the order in which the several grounds of defence are presented, and shall examine the last two before adverting to the question of set off.
1. The effect of the order granting a re-hearing does not per se vacate the original decree. It only opens it either for reversal, alteration or correction ; and if the re-hearing does not take place, and the order should be dismissed, the original decree stands precisely as if no such order had been granted. The parties, having, by their agreement entered on the chancery docket, discharged…
2Cited by11 opinions
- Connecticut Mutual Life Insurance v. Merritt-Chapman & Scott Corp.Court of Chancery of Delaware · 1932
- Smith v. KimballSupreme Court of Kansas · 1887
- Clark v. SullivanNorth Dakota Supreme Court · 1893
- Delaware-New Jersey Ferry Co. v. LeedsCourt of Chancery of Delaware · 1936
- DiSabatino v. SaliceteSupreme Court of Delaware · 1997
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