Pettit v. Candler
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The question here is upon the sufficiency of an answer in chancery. Candler in March, 1827, filed a bill in chancery stating the pendency of two suits at law in his favor against Pettit, who had been holden to bail; that the bail had become insolvent, that Pettit was about to put his property out of his hands and to leave the state, arid praying a ne exeat and an injunction restraining Pet-tit from disposing of his property.
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Appeal from chancery. The question here is upon the sufficiency of an answer in chancery. Candler in March, 1827, filed a bill in chancery stating the pendency of two suits at law in his favor against Pettit, who had been holden to bail; that the bail had become insolvent, that Pettit was about to put his property out of his hands and to leave the state, arid praying a ne exeat and an injunction restraining Pet-tit from disposing of his property. The writs prayed for. were granted by a master. On 3d April, 1827, a supplemental bill was filed stating the obtaining of a verdict in one. of the…
1Opinion of the Court
The following opinion was delivered by
Mr. Justice Marcy.
I believe it was not controverted on the argument, that if any one of the exceptions to the answer was well taken, the chancellor’s order overruling the general exception to the master’s report was properly granted. The ground on which the appeal is placed is, that after the denial of all fraud, the answer is full to all those things concerning which the appellant could, by the authority of the court, be required to make an answer. The decision of this appeal involves, as the appellant supposes, a question as to the jurisdiction of the…
2Cited by12 opinions
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- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901
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