Rodgers v. Rodgers
New York Court of Chancery
This bill was filed against the personal representatives of E. Rodgers, deceased, to restrain proceedings at law on notes given to the testator. The equity of the bill on which the injunction was granted was not charged to be in the knowledge of the defendants; and they put in an answer denying all knowledge or belief as to the principal facts on which it rested.
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This bill was filed against the personal representatives of E. Rodgers, deceased, to restrain proceedings at law on notes given to the testator. The equity of the bill on which the injunction was granted was not charged to be in the knowledge of the defendants; and they put in an answer denying all knowledge or belief as to the principal facts on which it rested. By a previous order of the court, the injunction was modified so far as to permit the executors to proceed to trial and judgment at law, without prejudice to the complainants’ rights.
1Opinion of the Court
The Chancellor :—In such a case as this, the injunction cannot be dissolved on the bill and answer alone; but the court in its discretion may require, as a condition of the granting or continuance of the injunction, that the complainants bring the amount apparently due into court, to abide the decision of the cause, unless the equity of the bill is verified by other testimony than his oath alone. (Dalby v. Catchlowe, 4 Price, 147; Taggart v. Hewlett, 1 Meriv. 499.) If there was any danger of insolvency in this case, I should require *the amount of the judgments to be brought into court, or…
2Cited by5 opinions
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