Whitmarsh v. Campbell
New York Court of Chancery
The bill in this cause was filed in July, 1829, by a judgment creditor of Vanden. Heuvel against the latter and against Campbell and Morris, to reach certain property which it was alleged the two last named defendants held in trust for Vanden Heuvel.
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The bill in this cause was filed in July, 1829, by a judgment creditor of Vanden. Heuvel against the latter and against Campbell and Morris, to reach certain property which it was alleged the two last named defendants held in trust for Vanden Heuvel. Campbell and Morris put in their answer setting forth, among other things, that previous to the commencement of this suit Vanden Heuvel had been proceeded against as an absent debtor; that the complainant’s solicitor together with two other persons were appointed trustees of his estate under the act, in April, 1829, and took upon themselves the…
1Opinion of the Court
The Chancellor.
The application to amend must be refused. The complainant does not pretend that he was ignorant of the matters now sought to be inserted in the bill when he commenced this suit, and no excuse is given for not inserting them at that time. His solicitor was one of the trustees appointed under the act, and took the oath of office as such trustee. The same facts were stated in the answer, and urged as an. objection to the suit six months since; and no *68excuse is made for not applying to amend the bill at that time. The'rule as to amendments of injunction bills was laid down .by the…
2Cited by5 opinions
- Campbell v. PowersIllinois Supreme Court · 1891
- Gregg v. BrowerIllinois Supreme Court · 1873
- McDougald v. WillifordSupreme Court of Georgia · 1854
- Codington v. MottNew Jersey Court of Chancery · 1862
- Marr v. WilsonTennessee Supreme Court · 1879