A. C. & W. A. Smets v. Williams
New York Court of Chancery
Tars was a creditor’s bill to obtain a discovery and satisfaction of a judgment in the supreme court, against the defendant, for about $700. The complainants, by their bill, after setting out their judgment and the return of the execution thereon unsatisfied, charged generally, that they had been informed and believed that the defendant had property, things in action, or equitable interests belonging to him of the value of $100 and more.
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Tars was a creditor’s bill to obtain a discovery and satisfaction of a judgment in the supreme court, against the defendant, for about $700. The complainants, by their bill, after setting out their judgment and the return of the execution thereon unsatisfied, charged generally, that they had been informed and believed that the defendant had property, things in action, or equitable interests belonging to him of the value of $100 and more. They, therefore, prayed for an injunction and receiver; and that the proceeds of such property, things in action, and equitable interests, might be applied…
1Opinion of the Court
The Chancellor.
The principal question between the parties in this cause is a question of costs. By the thirty-seventh section of the article of the revised statutes which relates to the general powers, duties, and jurisdiction of this court, (2 R. S. 173,) the court of chancery is directed to dismiss every suit concerning property, where the matter in dispute, exclusive of costs, does not exceed the value of $100, with costs to the defendant. On the part of the complainants, it is contended that the jmatter in dispute in the present case, with reference to this provision of the revised…
2Cited by10 opinions
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Heyer v. BurgerNew York Court of Chancery · 1839
- Vaughn v. ElyNew York Supreme Court · 1848
- Fowler v. PayneMississippi Supreme Court · 1873
- Gamber v. HolbenMichigan Supreme Court · 1858
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