Baxter v. Lansing
New York Court of Chancery
This was an application on the part of the defendant to open the final decree, which had been made against him in this cause, and to permit him to come in and defend the suit.
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This was an application on the part of the defendant to open the final decree, which had been made against him in this cause, and to permit him to come in and defend the suit. The complainant was the assignee of a lease given by the defendant; and the object of the bill was to obtain a decree for a perpetual injunction, restraining the defendant from proceeding at law to enforce a forfeiture of the lease? on the ground of the alleged breach of a covenant contained therein prohibiting the tenant from cutting down any timber, trees, or staddles, standing or growing upon the demised premises.…
1Opinion of the Court
The Chancellor.
It is hardly possible to conceive that any solicitor of this court should have been so ignorant of its practice, as not to know that the complainant could proceed, upon the personal service of a subpoena, without the necessity of serving notices of the subsequent proceedings in the cause upon the defendant, who had neglected to appear. I can therefore only account for the delay of the defendant’s solicitor to give notice of his retainer, and to enter the defendant’s apearance, upon the supposition that ho believed the bill was in fact what he calls it in his affidavit, a bill…
2Cases cited1 opinion
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by13 opinions
- Mosso v. LeeNevada Supreme Court · 1931
- Garrett v. MacfarlaneHawaii Supreme Court · 1883
- Keogh v. DaniellWisconsin Supreme Court · 1860
- E. H. Powers Shoe Co. v. Odd Fellows Hall Co.Missouri Court of Appeals · 1908
- Oesting v. City of New BedfordMassachusetts Supreme Judicial Court · 1912
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