Stafford v. Bryan
New York Court of Chancery
After the decision of this cause as reported in 1 Paige’s Rep. 239, the complainant appealed to the court for the correction of errors, and the decree of dismissal was affirmed with costs. Pending that appeal the complainant called the defendant as a witness before an examiner, in another cause pending in this court, in which the same note in controversy in this suit was in question between the complainant and third persons.
Read the full summary
After the decision of this cause as reported in 1 Paige’s Rep. 239, the complainant appealed to the court for the correction of errors, and the decree of dismissal was affirmed with costs. Pending that appeal the complainant called the defendant as a witness before an examiner, in another cause pending in this court, in which the same note in controversy in this suit was in question between the complainant and third persons. The complainant after such examination applied to the court of errors to stay the hearing in that court until he could apply to this court for leave to file a…
1Opinion of the Court
The Chancellor.
Without examining the question at length, whether this court can in any case entertain a bill of review after the final decree of the court for the correction of errors in the cause, it may be sufficient to say that the case of Barbon v. Stearle, (1 Vern. 416,) relied on by the complainant’s counsel, seems to be an authority against such right. The allegations in the bill in that case where, that pending the appeal, as the complainants had since discovered, the defendant had suppressed certain evidences and burnt the deed on which the complainant’s title depended. And a…
2Cited by20 opinions
- Southard v. RussellSupreme Court of the United States · 1854
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Schaefer v. WunderleIllinois Supreme Court · 1895
- State ex rel. Wolferman v. Superior CourtWashington Supreme Court · 1894
15 more not listed; retrieve them via the Exa API.