Rowley v. Van Benthuysen
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. This was an appeal from an order of the, chancellor refusing to vacate an order that the bill filed in this cause be taken pro confesso, and that the defendant have leave to put in and file an answer.
Read the full summary
Appeal from chancery. This was an appeal from an order of the, chancellor refusing to vacate an order that the bill filed in this cause be taken pro confesso, and that the defendant have leave to put in and file an answer. The bill having been filed," a subpoena to appear and answer was served in October, 1832 ; the defendant did not cause his appearance to be entered until March, 1833, when a copy of the bill, with notice of an order to answer in forty days, was served upon him. The time to answer was enlarged, first the assent of the complainant’s solicitor, and subsequently by orders…
1Opinion of the Court
The following opinion was delivered by
Mr. Justice Bronson.
The first question to be considered in this case is, whether the court ought to entertain the appeal. The more regular course would have been for the respondent to have made a direct motion to dismiss the appeal; but the question has been discussed by the counsel for both parties, and it is proper that it should be decided.
*371The order of the chancellor did not directly touch, although in its consequences it might affect the merits of the controversy. It was not made upon the right of the parties as disclosed in the pleadings, but in a…
2Cases cited5 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Williamson v. HyerCourt for the Trial of Impeachments and Correction of Errors · 1829
- Newkirk v. WillettNew York Supreme Court · 1800
3Cited by28 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Howell v. . MillsNew York Court of Appeals · 1873
- Mellen v. EdwardsWashington Supreme Court · 1934
23 more not listed; retrieve them via the Exa API.