Legal Opinion

Leggett v. Dubois

New York Court of Chancery

Decided August 6, 1829PublishedCited by 5 opinions

The complainant in this cause had obtained an injunetian to stay a trial at law on making the usual deposit. On the coming in of the answer the injunction was dissolved.

1Opinion of the Court

*575The Chancellor :—The right to deposits of this description cannot be ascertained in this stage of the suit. Although the injunction is dissolved on the coming in of the answer, it may be revived and made perpetual on the final hearing, upon the pleadings and proofs. If it should turn out by the final decree in this cause that the suit at law was unconscientious or inequitable, the defendants would not be entitled to the costs which they had improperly made in that suit. The deposit must remain to abide the final decision of the cause.

2Cited by5 opinions

  1. Saleski v. BoydSupreme Court of Arkansas · 1877
  2. Lockwood's Dollar Cleaners, Inc. v. LockwoodNew York Supreme Court · 1930
  3. Musgrove v. LuskCourt of Appeals of Tennessee · 1875
  4. Perrine v. WhiteNew Jersey Court of Chancery · 1882
  5. Jones v. McKennaTennessee Supreme Court · 1880