Hawley v. Donnelly
New York Court of Chancery
This was an application on the part of the complainant to dismiss an appeal, which had been entered by the defendants, from a decree of the vice chancellor of the fifth circuit. The application was founded upon a technical defect in the certificate of the officer who approved the appeal bond. In the affidavit on which the application was founded, and also in the notice of the motion, the cause was entitled "Thomas Donnelly et al., appellant's, vs. Burton Hawley, respondent.”
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This was an application on the part of the complainant to dismiss an appeal, which had been entered by the defendants, from a decree of the vice chancellor of the fifth circuit. The application was founded upon a technical defect in the certificate of the officer who approved the appeal bond. In the affidavit on which the application was founded, and also in the notice of the motion, the cause was entitled "Thomas Donnelly et al., appellant's, vs. Burton Hawley, respondent.” And the counsel for the appellants urged this objection, to the entitling of the papers, in opposition to the motion.
1Opinion of the Court
The Chancellor.
As the complainant asks for a dismissal of the appeal, upon an objection to the vice chancellor’s approval of the appeal bond merely technical, and which is where the appellants would be permitted to amend as a matter of course, upon the usual terms, if the party making this application has himself made a similar slip in the entitling of his papers, his motion must be denied with costs. It becomes necessary, therefore, to inquire whether it is strictly regular to entitle papers, in a proceeding upon appeal from a vice chancellor, in the manner in which the complainant’s…
2Cited by3 opinions
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- Sterrick v. PugsleyU.S. Circuit Court for the District of Eastern Michigan · 1874