Livingston v. Livingston
New York Court of Chancery
This was an application to dissolve an injunction, upon the coming in of the answer. objected to the bringing on of the motion, upon the ground that the ten days allowed by the 38th rule of the court for filing exceptions to the answer, had not yet expired. He cited Satterlee v. Bargy, (3 Paige's Rep. 142.) stated that in this case the complainant had waived the necessity of an answer on oath from the defendants.
Read the full summary
This was an application to dissolve an injunction, upon the coming in of the answer. objected to the bringing on of the motion, upon the ground that the ten days allowed by the 38th rule of the court for filing exceptions to the answer, had not yet expired. He cited Satterlee v. Bargy, (3 Paige's Rep. 142.) stated that in this case the complainant had waived the necessity of an answer on oath from the defendants. And he insisted that, the defendants had a right to make the motion at any time after the putting in of their answer, as the complainant could not except to the same for…
1Opinion of the Court
The Chancellor
said the provisions of the thirty-ninth rule were not applicable to the case of an answer to which the complainant could not except for insufficiency. That by the English practice, as sanctioned by modern decisions, the reference of an answer for impertinence was sufficient cause to be shown in answer to an application to dissolve the common injunction. But that arose from the fact that no exceptions for insufficiency could be filed until after the exceptions for impertinence were disposed of. (Hunt v. Thomas, 2 Anst. Rep. 591. Fisher v. Bailey, 12 Vez. 19.) That the reasons…
2Cited by6 opinions
- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Shricker v. FieldSupreme Court of Iowa · 1859
- Barrett v. Twin City Power Co.U.S. Circuit Court for the District of South Carolina · 1901
- Gardner v. PerkinsCalifornia Supreme Court · 1858
- Minor v. TerryNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.