Putnam v. Clark
Supreme Court of New Jersey
On appeal from a decree based on the following opinion of' Vice-Chancellor Van Fleet: The question to be decided is raised by a plea to the bill of complaint. The argument was, in effect, a demurrer to the plea, the discussion turning solely on the question whether the facts stated in the plea, if true, were a sufficient ground for dissolving the injunction, to which, taking the bill of complaint by itself, it was not denied that the complainants were entitled.
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On appeal from a decree based on the following opinion of' Vice-Chancellor Van Fleet: The question to be decided is raised by a plea to the bill of complaint. The argument was, in effect, a demurrer to the plea, the discussion turning solely on the question whether the facts stated in the plea, if true, were a sufficient ground for dissolving the injunction, to which, taking the bill of complaint by itself, it was not denied that the complainants were entitled. The bill was filed to restrain the prosecution of an action of detinue in the supreme court of this state, brought by Adah A. Putuam…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
The purpose of this suit in chancery was to restrain a suit at law brought by Adah A. Putnam, the appellant, against the-respondent, Lydia A. Clark. The equity in the bill consists in the fact that the matter attempted to be drawn in question in the-legal action had been decided previously, in the court of chancery, in a controversy between these same parties. The question, involved in both of these proceedings is whether an assignment of a certain mortgage was made, in the form in which it exists,, by the appellant and her husband, or…
2Cases cited3 opinions
- Riker v. HooperSupreme Court of Vermont · 1862
- Norton v. WoodsNew York Court of Chancery · 1835
- Jordan v. LoftinSupreme Court of Alabama · 1848
3Cited by7 opinions
- French v. RishellCalifornia Supreme Court · 1953
- Lane v. RushmoreNew Jersey Superior Court Appellate Division · 1938
- In Re AllisonNew Jersey Superior Court Appellate Division · 1930
- Mendel v. Berwyn EstatesNew Jersey Court of Chancery · 1931
- Fidelity Union Trust Co. v. Union Cemetery Assn.New Jersey Court of Chancery · 1946
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