Legal Opinion

Ridabock v. Levy

New York Court of Chancery

Decided April 7, 1840PublishedCited by 1 opinion

This was an application to dismiss an appeal from an order of the vice chancellor of the first circuit, authorizing the complainant to re-swear his bill, and file it nunc pro tunc. The objection to the regularity of the appeal was that the appeal bond was acknowledged before the vice chancellor, instead of an officer authorized by law to take the acknowledgment of deeds, &c. as required by the 172d rule of the court.

1Opinion of the Court

The Chancellor.

The vice chancellor does not appear to be authorized to take the acknowledgment of deeds and other instruments, so as to make that acknowledgment legal evidence without further proof. He is only empowered to do those duties which the circuit judge of the first circuit was originally authorized to do as a vice chancellor. That did not include the right to take acknowledgments which was a statutory power given to the officer in his character of circuit judge merely, and not as an officer of *198the court of chancery. The objection to the bond, however, was merely technical, and as…

2Cited by1 opinion

  1. Hayford v. EverettSupreme Judicial Court of Maine · 1878

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