Marvel v. Ortlip
Court of Chancery of Delaware
Bill in equity to restrain proceedings under the Landlord and Tenant act against a tenant HOLDING OVER. — The bill alleged that complainant was an Innkeeper, at Newark, of the Washington Hotel ; he had been tenant for two years past and and paid all rent. About Dec. 25th he received written notice to .quit, &c. At and before service Ortlip informed him that he was about to sell, but, if he should not succeed, Marvel should be continued at same rent, $500 and taxes.
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Bill in equity to restrain proceedings under the Landlord and Tenant act against a tenant HOLDING OVER. — The bill alleged that complainant was an Innkeeper, at Newark, of the Washington Hotel ; he had been tenant for two years past and and paid all rent. About Dec. 25th he received written notice to .quit, &c. At and before service Ortlip informed him that he was about to sell, but, if he should not succeed, Marvel should be continued at same rent, $500 and taxes. About Nov. 7th, 1865, Ortlip informed complainant that he had sold to Swindle. He had in fact contracted to sell by written…
1Opinion of the Court
The Chancellor :—
Under the rules the complainant is allowed a certain time after the filing of the answer, within which *16to except to it. If the answer is filed more than three days before the term, the complainant has until the term, but if the answer comes in within three days of the term or during the “sitting of the Court,” then, Rule II,* gives thirty days for filing exceptions. The object of thus giving the complainant a prescribed time for exceptions, is to secure his right to have a discovery by defendant of the matters inquired of by the bill. The benefit of such discovery arises at…
2Cases cited11 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Greeno v. MunsonSupreme Court of Vermont · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Clauson v. Prudential Insurance Co. of AmericaDistrict Court, D. Massachusetts · 1961
- Hockessin Community Center, Inc. v. SwiftCourt of Chancery of Delaware · 2012
- Wolf v. Globe Liquor Co.Supreme Court of Delaware · 1954
- Timmons v. CampbellCourt of Chancery of Delaware · 1955
- Jones v. SavinSuperior Court of Delaware · 1916
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