Legal Opinion

Howell v. Ashmore

New Jersey Court of Chancery

Decided May 15, 1852PublishedCited by 3 opinions

This bill was filed by the complainant, seeking discovery-in aid of his prosecution of a suit at law. The bill alleges that Sarah Milward, wife of John Milward, as the heir-at-law of her father, became entitled to certain real estate in the county of Mercer.

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This bill was filed by the complainant, seeking discovery-in aid of his prosecution of a suit at law. The bill alleges that Sarah Milward, wife of John Milward, as the heir-at-law of her father, became entitled to certain real estate in the county of Mercer. That, on the seventeenth day of September, 1814, the said John and Sarah, for the consideration of $100, granted and conveyed a part of the same to Joseph Ashmore, which is the land in question between the parlies to this suit. That the deed was acknowledged before a proper officer, but that, in taking the acknowledgment, the officer did…

1Opinion of the Court

The Chancellor.

This is a bill for discovery only. The complainant asks the discovery in aid of' his prosecution of a suit at law, instituted by him against the defendant in the Supreme Court, and for the purpose of using the disclosure upon the trial of the said suit. No interference with that *85suit is asked, nor is relief prayed for. The principles applicable to a bill for discovery only, are in some respects different from those which govern the court, where the bill prays for an injunction to stay proceedings at law, or in any way to interfere with such proceedings, until the bill is…

2Cited by3 opinions

  1. McCarter v. Farmers' Loan and Trust Co.New Jersey Court of Chancery · 1929
  2. Walker v. Pennsylvania Railroad Co.New Jersey Court of Chancery · 1944
  3. Hohmann v. CorkranNew Jersey Court of Chancery · 1926

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