Higbie v. Edgarton
New York Court of Chancery
On a former day the complainant, upon due notice to the defendant, who did not appear to oppose the application, ob- " tained an order directing the defendant Edgarton to deliver to ° the master certain articles alleged to he in his possession within three days after service of the order. The defendant having neglected to comply with the order,
1Opinion of the Court
The Chancellor
said the defendant should have appeared and opposed "the former application, if he had any reasons to show why the order then asked for should not be made. That if the order was improper, or had been obtained against him through any inadvertence or mistake, his proper course was to apply to open the motion, or to vacate the order.' The attachment was therefore granted; but with liberty to the defendant to apply, at the next motion day, to vacate the former order.
2Cited by2 opinions
- Langworthy v. McKelveySupreme Court of Iowa · 1868
- Lawson v. TylerAppellate Division of the Supreme Court of the State of New York · 1904