Camden & Amboy Railroad & Transportation Co. v. Stewart
Supreme Court of New Jersey
The bill was for the specific performance of a contract alleged to have been made 'by the respondent, who was the defendant below, to convey a tract of nine acres of land, and to grant a right of way in front of his other lands, for the railroad of the complainants. This contract was contained in the following receipt, which was set forth in the bill, viz. “ 1832, Sept. 15th.
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The bill was for the specific performance of a contract alleged to have been made 'by the respondent, who was the defendant below, to convey a tract of nine acres of land, and to grant a right of way in front of his other lands, for the railroad of the complainants. This contract was contained in the following receipt, which was set forth in the bill, viz. “ 1832, Sept. 15th. Received of E. A. Stevens his check on Trenton Bank, dated December 1st, 1832, for the above sum, for which I agree to execute a deed of conveyance for the above tract, in conjunction with Mrs. Stewart, and also a grant…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
The question was raised on the argument of this cause, whether an order sustaining exceptions to a bill on the ground of impertinence, was subject to an appeal to this court. The objection to such a course of proceeding appeared to be that the order was one merely incidental in the progress of the cause, and which was addressed to the discretion of the Chancellor.
The language of the statute upon this subject is, that “ all persons aggrieved by any order or decree of the Court of Chancery may appeal from the same, or any part thereof,…
2Cases cited2 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jarvis v. BlennerhassetNew York Supreme Court · 1836
3Cited by4 opinions
- Fidelity Union Trust Co. v. PetchenskyNew Jersey Court of Chancery · 1936
- In Re RyanNew Jersey Superior Court Appellate Division · 1941
- State v. JenningsNew Jersey Court of Chancery · 1941
- In Re KellnerNew Jersey Superior Court Appellate Division · 1936