Vroom v. Ditmas
New York Court of Chancery
This was an application for leave to enter the decree in this cause, made by the chancellor upon an appeal from a vice chancellor, nunc pro tune, as of a day previous to the' death of the complainant. The complainant died pending the appeal, and previous to the argument of the cause before the chancellor. But that fact being unknown to the counsel of the respective parties, the cause was argued and decided as if the appellant was still living.
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This was an application for leave to enter the decree in this cause, made by the chancellor upon an appeal from a vice chancellor, nunc pro tune, as of a day previous to the' death of the complainant. The complainant died pending the appeal, and previous to the argument of the cause before the chancellor. But that fact being unknown to the counsel of the respective parties, the cause was argued and decided as if the appellant was still living. The object of entering the decree nunc pro tune, was to enable the representatives of the complainant to file a bill of revivor and supplement, to…
1Opinion of the Court
The Chancellor.
The cause is not in a situation to discuss the question of the fairness of obtaining the release from the administratrix in New-Jersey. The suit is abated, and the parties who are interested in that question are not now before the court, so as to be bound by any decision made thereon. When the personal representative of Vroom applies to revive the suit to carry into' effect the decree,' it will be a *529good answer to the application that the complainant in the bill of revivor has no longer any interest in the subject of the litigation, unless such representative can, by…
2Cited by9 opinions
- Power v. LenoirMontana Supreme Court · 1899
- Requa v. . HolmesNew York Court of Appeals · 1857
- Gunderman v. GunnisonMichigan Supreme Court · 1878
- Burnham v. DallingNew Jersey Court of Chancery · 1863
- De Agreda v. MantelThe Superior Court of New York City · 1854
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