Brown v. Brown
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the first circuit, allowing the demurrer of three of the defendants in this suit, J. C. Brown, M. B. Ives and R. H. Ives; and dismissing the bill, as to them, with costs.
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This was an appeal from a decretal order of the vice chancellor of the first circuit, allowing the demurrer of three of the defendants in this suit, J. C. Brown, M. B. Ives and R. H. Ives; and dismissing the bill, as to them, with costs. These three defendants, who were the respondents in this appeal, were appointed executors of the will of Nicholas Brown the elder, who died in September, 1841; and who, at the time of his death, was domiciled in the state of Rhode Island, where all the defendants in this suit, then and at the time of filing the complainant’s bill, also resided. The…
1Opinion of the Court
The Chancellor.
The first question which I shall consider in this case is, whether the suit could be rightfully commenced before the vice chancellor of the first circuit; even if the court of chancery in this state had jurisdiction and authority to grant relief to the complainant, upon the case made by his bill. To give a yice chancellor concurrent jurisdiction with the chancellor, the cause or matter which authorized the complainant to file a bill in chancery, for the discovery or relief, sought, must have arisen within the circuit of such vice chancellor; or the subject matter in controversy…
2Cited by17 opinions
- Denny v. FaulknerSupreme Court of Kansas · 1879
- Metcalf v. ClarkNew York Supreme Court · 1864
- Reynolds v. McMullenMichigan Supreme Court · 1885
- In re the Estate of CohenNew York Surrogate's Court · 1933
- Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
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