Whitney v. Belden & Belden
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, ordering certain amendménts to the complainants’ bill to be taken off the files of the court. The order ivas founded upon a certificate of the clerk that the decision of "the vice chancellor, allowing exceptions to the defendants’ answer, was made on the 3d of December, 1832, and that the amendments were not filed until the 22d of the same month.
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This was an appeal from an order of the vice chancellor of the first circuit, ordering certain amendménts to the complainants’ bill to be taken off the files of the court. The order ivas founded upon a certificate of the clerk that the decision of "the vice chancellor, allowing exceptions to the defendants’ answer, was made on the 3d of December, 1832, and that the amendments were not filed until the 22d of the same month. The order allowing the exceptions to the answer, and which was. served by the complainants’ solicitor on'the adverse party, also, purported to have been made oh the 3d 'of…
1Opinion of the Court
The Chancellor.
Although the decision of the vice chancellor, upon the exceptions, was made on the 3d of December, neither party could act upon or have any benefit from that decision, until the order was drawn up and perfected. In England, if the order is of course, without any special provisions, as in this case, the register draws it up in the usual form, and after it is entered in the minutes, he signs and passes it, which completes the entry of the order; after which it may be acted on by either party. Here, the solicitor for the party obtaining the order, or in whose favor a decision is…
2Cited by6 opinions
- Wilcox v. National Shoe & Leather BankAppellate Division of the Supreme Court of the State of New York · 1902
- Anglo-Californian Bank v. Mahoney Min. Co.United States Circuit Court · 1878
- New-York Fire Insurance v. LawrenceNew York Court of Chancery · 1837
- Wilcox v. National Shoe & Leather BankAppellate Division of the Supreme Court of the State of New York · 1902
- Conant v. American Rubber Tire Co.New York Supreme Court · 1902
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