Manchester v. Dey
New York Court of Chancery
This was an appeal from the decision of a vice chancellor, denying the motion of the defendant to dissolve an injunction. The bill was filed to stay the preceedings in a suit at law after judgment, and an answer on oath from the defendant was waived; but there were no affidavits annexed to the bill, verifying the allegations therein, except the usual affidavit of the complainants themselves. The answer fully denied the whole equity of the bill.
Read the full summary
This was an appeal from the decision of a vice chancellor, denying the motion of the defendant to dissolve an injunction. The bill was filed to stay the preceedings in a suit at law after judgment, and an answer on oath from the defendant was waived; but there were no affidavits annexed to the bill, verifying the allegations therein, except the usual affidavit of the complainants themselves. The answer fully denied the whole equity of the bill. But the vice chancellor denied the motion to dissolve the injunction, upon the ground that the complainants had given a bond with sureties for the…
1Opinion of the Court
The Chancellor.
Although the complainant in an injunction bill waives an answer on oath from the defendant, the latter may put in an answer on oath for the purpose of obtaining a dissolution of the injunction. And the injunction will then be dissolved, as in other cases, upon the coming in of an answer denying the whole equity of the bill, unless the allegations in the bill on which the right to the injunction depends are verified by the affidavit of a credible and disinterested witness, according to the provisions of the 87th rule. And whether the bill is sworn to by one or more complainants…
2Cited by7 opinions
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Field v. HowellSupreme Court of Georgia · 1849
- Hentz v. Delta BankMississippi Supreme Court · 1898
- Kersey v. RashCourt of Chancery of Delaware · 1869
- Merrimack Manufacturing Co. v. GarnerNew York Court of Common Pleas · 1855
2 more not listed; retrieve them via the Exa API.