Chavin v. H. H. Rosin & Co.

WOLCOTT, Chief Justice:

This is an appeal by I. Favel Chavin from a judgment in Chancery ordering him to specifically perform the terms of a lease by the payment of six months’ rent. Following the submission of the appeal on the briefs, this court raised, sua sponte, the question of the jurisdiction of Chancery over this cause. Lack of jurisdiction may be raised at any time on motion of the court, even though the parties, by failure to raise the question, may have waived the right. 27 Am.Jur.2d, Equity, § 18. We have since received the benefit of memoranda of counsel on the jurisdictional…