Townsend v. Smith
Supreme Court of New Jersey
This was an appeal, taken from a decree of the Chancellor, made -in favor of the complainant. The bill was brought on a mortgage which had been deposited with the complainant, as- treasurer of the state of New Jersey, as security under the general banking law. The cause was brought to a hearing on the pleadings and proofs of the cause, and was argued by the attorney general, Dayton, on behalf of the complainant.
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This was an appeal, taken from a decree of the Chancellor, made -in favor of the complainant. The bill was brought on a mortgage which had been deposited with the complainant, as- treasurer of the state of New Jersey, as security under the general banking law. The cause was brought to a hearing on the pleadings and proofs of the cause, and was argued by the attorney general, Dayton, on behalf of the complainant. Ho person appeared at the hearing on behalf of the defendants, although it appeared due notice had been given.
1Opinion of the Court
*353The opinion of the court was delivered by the
Chiet Justice.
This cause was regularly set down for hearing in the court below upon the pleadings and proofs. None of the defendants appeared personally or by their counsel at the hearing, though notice of argument was regularly served. It appeared, by the evidence, that the mortgage, for the foreclosure of which the bill was filed, was duly executed and assigned. A decree as of course was made in favor of the complainant, and an order of reference to a master. Prom this decree the appeal is taken.
In such case, by the well settled rule of the House…
2Cases cited2 opinions
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
- Murphy v. American Life Insurance & Trust Co.New York Supreme Court · 1840
3Cited by1 opinion
- Matter of Estate of SiegelNew Jersey Superior Court Appellate Division · 1987