Ray v. Connor
New York Court of Chancery
Motion to open a decree made by the assistant Vice-Chancellor and to strike out a clause thereof and' to let the defendant in to make a defence. Proofs had been closed in the month of January, one thousand eight hundred and forty; and a decree was taken by default on the twelfth of February in the same year. After this a motion had been made to open the decree which, on hearing, was refused.
Read the full summary
Motion to open a decree made by the assistant Vice-Chancellor and to strike out a clause thereof and' to let the defendant in to make a defence. Proofs had been closed in the month of January, one thousand eight hundred and forty; and a decree was taken by default on the twelfth of February in the same year. After this a motion had been made to open the decree which, on hearing, was refused. Another attempt, to the same effect and with the like result, was made in April afterwards. An appeal was taken, but the order refusing the application was affirmed.
1Opinion of the Court
The Vice-Chancellor :
The decree in this cause by the assistant Vice-Chancellor on the twelfth day of February, one thousand eight hundred and forty, having been taken by default, it was competent for this court to set it aside on motion or petition and to let the defendant in to take proofs and make a defence. A motion to that effect was made and denied on the fourth Tuesday of February, one thousand eight hundred and forty. Another motion, for a similar purpose, was made *479in April following and again denied ; and on an appeal from the order denying that motion, it was affirmed by the…
2Cases cited1 opinion
- Clark v. HallNew York Court of Chancery · 1839
3Cited by6 opinions
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Midwest Ref. Co. v. GeorgeWyoming Supreme Court · 1932
- Willet v. FayerweatherNew York Supreme Court · 1847
- Smith v. SpaldingThe Superior Court of New York City · 1864
- Smith v. SpaldingThe Superior Court of New York City · 1864
1 more not listed; retrieve them via the Exa API.