Hasbrouck v. Shuster
New York Supreme Court
In Eqjjity. This was a demurrer to a supplemental bill. The original bill was filed in 1830 by David A. Hasbrouck and others, for the purpose of collecting certain legacies the payment of which was charged upon lands, under the last will of Lewis Brodhead deceased. The bill had been amended and revived by stipulation, so as to be adapted to chánges of parties that had taken place at different times.
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In Eqjjity. This was a demurrer to a supplemental bill. The original bill was filed in 1830 by David A. Hasbrouck and others, for the purpose of collecting certain legacies the payment of which was charged upon lands, under the last will of Lewis Brodhead deceased. The bill had been amended and revived by stipulation, so as to be adapted to chánges of parties that had taken place at different times. After showing what facts had been set forth in the original bill, it was alleged in the supplemental bill, among other things, that since the filing of the original bill the plaintiffs had been…
1Opinion of the CourtParker, J.
The rule is well settled, as claimed by the defendants’ counsel, that where there is no alteration in the interests of the parties, nor any particular circumstance requiring further discovery, and the relief is not varied by the subsequent matter, but the plaintiff might have all the relief to which he is entitled, under the original bill, a supplemental bill is improper. (Adams v. Dowding, 2 Mad. 59. Milner v. Hare-wood, 17 Ves. 144.) This supplemental bill is not sought to be sustained on the ground of a change in the interests of parties; nor could it be supported for the purpose of a…
2Cases cited4 opinions
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Candler v. PettitNew York Court of Chancery · 1828
- Eager v. PriceNew York Court of Chancery · 1831
- Varick v. EdwardsNew York Court of Chancery · 1840
3Cited by8 opinions
- Chicago Grain Door Co. v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
- Nevada Nickel Syndicate, Ltd. v. National Nickel Co.U.S. Circuit Court for the District of Nevada · 1898
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- Gambling v. HaightNew York Court of Common Pleas · 1874
- Cordier v. CordierNew York Supreme Court · 1863
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