Bowman v. Marshall
New York Court of Chancery
This was an application by the complainant to overrule the demurrer of the defendant Marshall, as frivolous, or to set it aside for irregularity, and to take the bill as confess ed, and for a final decree in the cause. The bill was filed to foreclose a mortgage given to the complainant by Marshall. Jones, a subsequent incumbrancer, suffered the bill to be taken as confessed against him.
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This was an application by the complainant to overrule the demurrer of the defendant Marshall, as frivolous, or to set it aside for irregularity, and to take the bill as confess ed, and for a final decree in the cause. The bill was filed to foreclose a mortgage given to the complainant by Marshall. Jones, a subsequent incumbrancer, suffered the bill to be taken as confessed against him. But Marshall demurred to the bill for want of equity ; which demurrer was evidently frivolous and put in for the mere purpose of delay. It was also defective in point of form ; his solicitors having by mistake…
1Opinion of the Court
The Chancellor.
There is a technical defect in the signing of this demurrer ; and as the object of the defendants was evidently to delay the decree of foreclosure, the *80demurrer would have been set aside, on this ground, if the application had been made the first opportunity after the demurrer was served on the complainant’s solicitor; although he was not misled thereby. But the court will not listen to a mere technical objection of this kind unless it is made without delay. The only question for consideration, therefore, is whether it is proper to hear this application, to overrule the…
2Cited by1 opinion
- Stanbery v. BakerNew Jersey Court of Chancery · 1897