Bicknell v. Field
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, overruling a demurrer to the complainant’s bill. The object of the bill was to restrain the prosecution of a suit in the supreme court, in an action of debt on a judgment recovered by the present defendants, against the complainant and A. Stevens, in the court of common pleas of the state of Massachusetts.
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This was an appeal from a decision of the vice chancellor of the first circuit, overruling a demurrer to the complainant’s bill. The object of the bill was to restrain the prosecution of a suit in the supreme court, in an action of debt on a judgment recovered by the present defendants, against the complainant and A. Stevens, in the court of common pleas of the state of Massachusetts. Neither of the defendants resided within the first circuit at the time of filing the bill in the cause ; but one of them was a resident of the county of Westchester, and the other resided out of the state. The…
1Opinion of the Court
The Chancellor.
Two questions are presented for consideration upon this appeal : First. Whether the vice chancellor was the proper judge before whom to file the bill 1 and Secondly. Whether the case stated in the complainant’s bill is a proper subject of equitable cognizance, so as to authorize the court of chancery to grant the relief prayed 1
As neither of the appellants resided in the first circuit at the time of filing the bill, and the subject matter of the suit had no locality, and therefore could not be situated within that circuit, the vice chancellor’s jurisdiction, upon the…
2Cited by6 opinions
- Ambler v. WhippleIllinois Supreme Court · 1891
- Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
- Logan v. HallSupreme Court of Iowa · 1865
- Dobson v. PearceThe Superior Court of New York City · 1852
- Kahl v. Grand Trunk Western RailroadAppellate Court of Illinois · 1957
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