Campbell v. Western
New York Court of Chancery
This was an appeal from the decision of the late vice chancellor of the first circuit, dismissing the complainants’ bill against the defendants, respectively, with costs.
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This was an appeal from the decision of the late vice chancellor of the first circuit, dismissing the complainants’ bill against the defendants, respectively, with costs. The facts appearing upon the pleadings and proofs, so far as they are material to the decision of the questions arising on this appeal, were as follows: The defendant Depew had recovered a judgment against Emerald Wheeler, in the marine court of New-York; upon which an execution was delivered to the marshal, who levied the same upon a quantity of apples lying upon the side walk, in front of the complainants’ store. 'The…
1Opinion of the Court
The Chancellor.
Before I proceed to examine the merits of the bill as between the real parties in interest, it may be proper to notice one or two objections which apply to the defendants Western and Lowndes, exclusively. It is said neither of them were necessary or proper parties, and that the bill as to them was properly dismissed, with costs, whatever might have been the opinion of the court as to the rights of the complainants as against Depew. This objection as to Western is unquestionably well taken. There is nothing in this case to show that he has ever done any thing except as the…
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- New York City Omnibus Corp. v. QuillNew York Supreme Court · 1947
- Overby v. ThrasherSupreme Court of Georgia · 1872
- Central Union Stock Yards Co. v. Uvalde Asphalt Paving Co.New Jersey Court of Chancery · 1913
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