Vermillyea v. Odell
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, dismissing the complainants’ bill as to the defendant M. Mitchell, and refusing leave to amend the bill, both as to him and other defendants,
1Opinion of the Court
The ChancelLor.
The cause was not in a situation to proceed to the taking of proofs as to the defendant Mitchell, until the answers of the other defendants had been put in, or the complainants had procured the bill to be taken as confessed against them. By the former practice of the court it was frequently necessary for the defendant, in nearly every stage of the suit, to expedite the proceedings of a tardy complainant, by an application to dismiss bis bill for want of prosecution. The evils of this practice were remedied to some extent by the new rules, which permitted the defendant to…
2Cited by4 opinions
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