Hawley v. Wolverton
New York Court of Chancery
This case came Before the court upon exceptions to a mas*ter’s report on exceptions to the complainants’ bill for impertinence. The bill was filed to restrain' the commission of waste, upon premises which had been leased to the defendí ant, by the complainants, for a short term of years..
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This case came Before the court upon exceptions to a mas*ter’s report on exceptions to the complainants’ bill for impertinence. The bill was filed to restrain' the commission of waste, upon premises which had been leased to the defendí ant, by the complainants, for a short term of years.. And a part of the waste complained of was in cutting down certain growing trees upon the premises, which had" Been devised to the complainants by William James, in trust; and" which trees, as they alleged, had been preserved' By the testator as appurtenant to the mansion house on the premises, for shade*-…
1Opinion of the Court
The Chancellor.
In examining the question, whether .an allegation or statement in the bill is relevant or pertinent, it must be recollected that a bill in chancery is not only a pleading, for the purpose of bringing before the court and putting in issue the material allegations and charges upon which the complainant’s right to relief rests, as in a declaration in a suit at law, but it is also, in most cases, an examination of the defendant upon oath, for the purpose of obtaining evidence to establish the complainant’s case, or to counter-prove or destroy the defence which may be set up by such…
2Cited by12 opinions
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Bush v. AdamsSupreme Court of Florida · 1886
- Jones v. BrownleeSupreme Court of Missouri · 1901
- Chew v. EaganNew Jersey Court of Chancery · 1916
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