Caldwell v. Mayor of Albany
New York Court of Chancery
This was an appeal by the defendants from a decision of the vice chancellor of the third circuit, refusing to open the decree which had been made and entered in this cause in September, 1839. The object of opening the decree was to have it re-entered as of the present time, to enable the defendants to appeal from such decree; the time for appealing having expired.
Read the full summary
This was an appeal by the defendants from a decision of the vice chancellor of the third circuit, refusing to open the decree which had been made and entered in this cause in September, 1839. The object of opening the decree was to have it re-entered as of the present time, to enable the defendants to appeal from such decree; the time for appealing having expired. The affidavits on the part of the corporation stated that it was the intention to appeal from the decree, and that the defendant’s solicitor prepared the usual appeal bond and other papers for an appeal, about three months after the…
1Opinion of the Court
The Chancellor.
There has evidently been some misunderstanding as to the supposed agreement between the late Mr. King and the defendant’s solicitor, which it is difficult to reconcile. The defendant’s solicitor swears positively to an agreement, not only to waive the giving of a bond but to consider the appeal as duly made and noticed for the January term, 1840. And the affidavit of the counsel for the corporation, who was employed to argue the appeal, corroborates this understanding of the agreement by the appellant’s solicitor. The affidavits on the other side, as to the declarations of Mr.…
2Cases cited1 opinion
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
3Cited by9 opinions
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Wait v. . Van AllenNew York Court of Appeals · 1860
- Clowes v. DickensonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Mount v. Van NessNew Jersey Superior Court Appellate Division · 1881
- Dart v. FitchNew York Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.