Apthorp v. Comstock
New York Court of Chancery
This case is reported in I Hopkins’s R. 143, and in 8 Cow-en’s R. 386. After the decision of the court of errors on the appeal of the defendants, testimony was taken in the cause, and a great number of exhibits were put in and proved before the examiner.
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This case is reported in I Hopkins’s R. 143, and in 8 Cow-en’s R. 386. After the decision of the court of errors on the appeal of the defendants, testimony was taken in the cause, and a great number of exhibits were put in and proved before the examiner. Most of the exhibits were produced for the purpose of shewing by comparison of hands that the deed was a forgery ; and that John Jarvis, of Cold Spring, was the witness who appeared before the commissioner and swore to the execution of the deed. The cause was brought to hearing on pleadings and proofs.
1Opinion of the Court
The Chancellor.
It is not necessary for me to examine the question whether this is a proper subject of equitable jurisdiction. This question was distinctly raised before Chancellor Sanford, on the motion to dissolve the injunction in this cause and in the court of errors on the appeal from his decision. In both cases the jurisdiction of this court was sustained. I have no doubt of the correctness of these decisions. But if I were of a different opinion, I am not at liberty to overturn the decision of the court of errors, which has now become the law of the case, on that point. I have looked…
2Cited by37 opinions
- People v. . PeckensNew York Court of Appeals · 1897
- Place v. . MinsterNew York Court of Appeals · 1875
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
- French v. GiffordSupreme Court of Iowa · 1870
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