Post v. Neafie
New York Supreme Court
THIS Was an action of debt upon a decree pronounced by the court of chancery for the state of New-Jersey, where, by a law passed on the 3th of June 1799, it is thus enacted.
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THIS Was an action of debt upon a decree pronounced by the court of chancery for the state of New-Jersey, where, by a law passed on the 3th of June 1799, it is thus enacted. “ That when “ any cause shall be finally determined in the court of chancery,* " the clerk of the court shall enter together, in order, the bill, an-“swer, pleadings, reports, decretal orders and decree in such " cause, in a book to be kept for that purpose, which shall be " signed by the chancellor, as of the day on which such decree "was pronounced, but such decree shall not contain any recital “of the bill. &c.” “…
1Opinion of the CourtSpencer, J.
The counsel for the defendant hasargued, 1st. That ibis was not a final decree, but a mere interlocutory order in its na-*28j.ure> tjle performance of which might be compelled by process of contempt there, but which this court cannot perceive to be a judg-mert ⅛ the cause. 2d. That the agreement, on which the order was made, was out of the ordinary course of the powers of solicitors, and nb authority appearing for making it; as the defendant denied that it was made by his authority or permission. 3d. That it now appears by the documents produced, that the sums declared for, by the plaintiffs, if…
2Cited by13 opinions
- Dubois v. DuboisNew York Supreme Court · 1826
- Day v. WiswallCourt of Appeals of Arizona · 1970
- Mutual Life Insurance v. NewtonSupreme Court of New Jersey · 1888
- Evans v. TatemSupreme Court of Pennsylvania · 1823
- Hubbell v. Great Western InsuranceNew York Court of Appeals · 1878
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