In re Leefe
New York Court of Chancery
This was a submission, by the parties, in the nature of an application to dismiss an appeal upon the ground that the chancellor had not jurisdiction to hear it. A petition was originally presented to the chancellor, not only asking directions that the late assistant register should transfer, to the petitioners, property which he held in his official character, but asking further relief against the assistant register personally.
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This was a submission, by the parties, in the nature of an application to dismiss an appeal upon the ground that the chancellor had not jurisdiction to hear it. A petition was originally presented to the chancellor, not only asking directions that the late assistant register should transfer, to the petitioners, property which he held in his official character, but asking further relief against the assistant register personally. Under those circumstances, the chancellor deemed it proper, on account of relationship, to refer the petition to the vice chancellor of "the first circuit, to hear and…
1Opinion of the Court
The Chancellor.
As the constitution gives to parties an appeal to the chancellor from all inferior-equity tribunals, "and the legislature has made, no provision authorizing any other person to sit for him, in a case where that officer is related to one of the.parties, the chancellor is bound to hear the appeal, even where a near relative is personally interested. This was done by ChanceEor Kent; who took jurisdiction of, and heard, a Htigated cause, in which his brother was one of the parties, and personally interested. He also heard and decided the case of Mooers v. White, (6 John. Ch. R.…
2Cited by12 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- United States v. WillSupreme Court of the United States · 1980
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Gibbons v. Mobile & Great Northern RailroadSupreme Court of Alabama · 1860
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