Legal Opinion

Wiser v. Blachly

New York Court of Chancery

Decided June 18, 1817PublishedCited by 28 opinions

[ * 489 ] PETITION by the three executors of Vail, defendants, stating that they had been informed, within a few days, that, in 1808, or 1809, a suit was brought, in the Supreme Court, by Thomas Brush, and Deborah his wife, against Moses Blachly, (defendant,) to recover moneys received to the use of D. Brush, as administratrix of George Wiser, deceased.

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[ * 489 ] PETITION by the three executors of Vail, defendants, stating that they had been informed, within a few days, that, in 1808, or 1809, a suit was brought, in the Supreme Court, by Thomas Brush, and Deborah his wife, against Moses Blachly, (defendant,) to recover moneys received to the use of D. Brush, as administratrix of George Wiser, deceased. That the subject matter of that suit was referred to three arbitrators, two of whom, on the 8th of July, 1808, awarded that Blachly should pay to Brush and his wife, 536 dollars and 22 cents. That the arbitrators included in their award the…

1Opinion of the Court

The Chancellor.

There are several objections to this application. It is bad in form, and in substance.

It is an application for a re-hearing on one point, and for a bill of review on other points.

In January last, a decree was pronounced in this cause, and it appears from that decree, that exceptions had been taken to the master’s report respecting the account between the parties, and that those exceptions had been set down for hearing, on due notice, and that no person appeared on the part of the defendant to support them, and they were overruled. There is no reason assigned, why the solicitor…

2Cited by28 opinions

  1. Ricker v. PowellSupreme Court of the United States · 1879
  2. Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1845
  3. Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
  4. Baker v. WhitingUnited States Circuit Court · 1840
  5. Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1897

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