Wooster v. Woodhull
New York Court of Chancery
THE petition of the defendant stated, that on the 1st of February, 1798, he obtained a judgment, in the supreme court, against George W. Cook, for 1,600 dollars, that in 18’13, he sued out execution on the judgment, and was proceeding to sell the lands of Cook, which were bound by the judgment, situate in Norway, in the county of Herkimer, when the plaintiffs, in August, in 1813, filed their bill in this court, stating that they were the owners of the land, having acquired a…
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THE petition of the defendant stated, that on the 1st of February, 1798, he obtained a judgment, in the supreme court, against George W. Cook, for 1,600 dollars, that in 18’13, he sued out execution on the judgment, and was proceeding to sell the lands of Cook, which were bound by the judgment, situate in Norway, in the county of Herkimer, when the plaintiffs, in August, in 1813, filed their bill in this court, stating that they were the owners of the land, having acquired a title under Cook, since the judgment; and charging that the judgment had been paid and satisfied; that the judgment had…
1Opinion of the Court
The Chancellor.
The' interference of the court, to relieve a party from the consequences of his default, must depend upon sound discretion, arising out of the circumstances of the case. There is no general and positive rule on the subject; and Lord Thurlozo observed, in one case, (Williams v. Thompson, 2 Bro. 279.,) that if a defendant comes in after a bill has been taken pro confesso, upon any *542reasonable ground of indulgence, and pays costs, the court will attend to his application, if the delay has not been extravagantly long. If the indulgence be great and frequent, there is danger of abuse…
2Cited by5 opinions
- Low v. MillsMichigan Supreme Court · 1886
- Herlihy v. ConeySupreme Judicial Court of Maine · 1905
- Barry v. BarryHigh Court of Chancery of Maryland · 1847
- Pittman v. McClellanMississippi Supreme Court · 1877
- Harwell v. ArmstrongSupreme Court of Georgia · 1852