Crowell v. Botsford
New Jersey Court of Chancery
The bill in this cause was filed to foreclose a chattel mortgage. The subpoena was issued before the filing of the bill, but no notice was taken of the irregularity, and the cause was allowed to proceed to final decree and execution. The defendant now asks to set aside all the proceedings in the cause, on the ground that the subpoena was issued and served before the bill was filed.
1Opinion of the Court
The Chancellor.
The defendant asks to set aside the execution, final decree, and all the proceedings in the cause, on the ground that the subpoena was issued and served before the bill was filed.
The statute provides that no subpoena or other process for appearance, shall issue out of the Court of Chancery, except in cases to stay waste, until after the bill shall have been filed with the clerk of the court. Nix. Dig. 97, § 6.
The proceeding on the part of the complainant was clearly irregular, and had the irregularity been promptly brought to the notice of the court, the subpoena, on motion for…
2Cases cited1 opinion
- Hart v. SmallNew York Court of Chancery · 1834
3Cited by6 opinions
- Sheldon v. SheldonNew Jersey Court of Chancery · 1926
- Prudential Ins. v. Merritt-Chapman ScottNew Jersey Court of Chancery · 1933
- Metropolitan Life Insurance Co. v. LodzinskiNew Jersey Court of Chancery · 1936
- Eckel v. Shell, C., Products, Inc.New Jersey Court of Chancery · 1933
- Gondas v. GondasNew Jersey Court of Chancery · 1926
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