Cowman v. Lovett
New York Court of Chancery
This case came before the chancellor upon three distinct motions. The first was an application, on the part of the defendant Lovett, to vacate or discharge so much of the order of the vice chancellor of the first circuit as allowed the complainant to amend his bill and to move to reinstate the injunction which was dissolved by such order.
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This case came before the chancellor upon three distinct motions. The first was an application, on the part of the defendant Lovett, to vacate or discharge so much of the order of the vice chancellor of the first circuit as allowed the complainant to amend his bill and to move to reinstate the injunction which was dissolved by such order. The second was an application, on the part of the complainant, to take the demurrer of the defendant Lovett off the files of the court, for irregularity. And the third was a motion, on the part of the defendant Lovett, for leaye to file a new demurrer to the…
1Opinion of the Court
The Chancellor.
The motion to vacate or discharge a part of the order of the vice chancellor, of the 6th of November, 1843, allowing the complainant to amend, &c. is not properly made to this court, and must be denied. But I am inclined to think that the part of the order complained of was erroneous, if not irregular. The cause was commenced and was pending before the chancellor. And the reference to the vice chancellor of the motion to dissolve the injunction, did not give him jurisdiction to make an order to amend the bill, in the suit which was still pending before the chancellor. The…
2Cited by1 opinion
- Scudder v. VoorhisNew York Supreme Court · 1847