Christy v. Christy
New York Court of Chancery
This was an application for the re-taxation of a bill of costs, payable under an interlocutory order of the court. The suit was commenced for the purpose of making partition of certain real estate which the complainant claimed to hold, jointly with the defendants, as one of the heirs at law of his father; and three of the defendants who resided out of the state were proceeded against as absentees.
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This was an application for the re-taxation of a bill of costs, payable under an interlocutory order of the court. The suit was commenced for the purpose of making partition of certain real estate which the complainant claimed to hold, jointly with the defendants, as one of the heirs at law of his father; and three of the defendants who resided out of the state were proceeded against as absentees. The time for the appearance of the absentees having expired, and the other defendants having suffered the bill to be taken as confessed, the complainant’s solicitor made a special application to the…
1Opinion of the Court
The Chancellor.
To ascertain the intent and meaning of that part of the order which directs the payment of the costs of the complainants proceedings to take the hill as confessed against the defendant who is permitted to come and defend the suit, we must advert to the situation and rights of the parties at the time the several proceedings took place for which costs are claimed under the order, No process was ever served upon the absentees, to appear and answer, and they had no actual or even constructive notice of the commencement of the suit, until after the publication of the notice and the…
2Cited by2 opinions
- Perry v. LivingstonNew York Supreme Court · 1852
- Querissle v. HilliardNew York Supreme Court · 1856