Jewett v. Belden
New York Court of Chancery
This was an appeal, from an order of the vice chancellor of the first circuit, refusing to dissolve an injunction restraining the defendants from proceeding in a suit at law brought by them against the complainants. The injunction was granted upon a mere bill of discovery to aid the complainants in their defence in the suit at law; and the application to dissolve the injunction was denied, upon the ground that exceptions to the answer, for impertinence, had been filed.
1Opinion of the Court
The Chancellor.
In the case of Livingston v. Livingston, (4 Paige's Rep. 111,) this court decided that exceptions to an answer for impertinence merely, or for scandal and impertinence, were not sufficient to prevent the dissolution of an injunction, where the bill was fully answered. And I can see no good reason for applying a different rule to the case of a bill of discovery, in aid of a defence at law. It is true, the answer must be used together, as an entirety, if it is read as evidence in the action at law, before the exceptions are disposed of and the impertinent matter, if any, has been…
2Cited by3 opinions
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1853
- Brevoort v. WarnerNew York Supreme Court · 1853
- Chambers v. WarrenIllinois Supreme Court · 1851