Varick v. Dodge
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the fifth circuit, overruling a plea to the jurisdiction of the court. The suit was an ordinary creditor’s bill, and the defendant was described in the bill as a resident of the fifth judicial circuit.
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This was an appeal from a decision of the vice chancellor of the fifth circuit, overruling a plea to the jurisdiction of the court. The suit was an ordinary creditor’s bill, and the defendant was described in the bill as a resident of the fifth judicial circuit. The bill also showed the recovery of a judgment in the supreme court, which judgment was filed and docketed in the clerk’s office at Utica; and that the execution was issued to the county of Oneida, where the defendant resided, and was returned by the sheriff unsatisfied ; and that the execution, with such return thereon, was filed in…
1Opinion of the Court
The Chancellor.
I think the vice chancellor of the fifth circuit had jurisdiction of this case, under the first subdivision of the second section of the title of the revised statutes relative to the court of chancery. (2 R. S. 168.) The statute gives the vice chancellor jurisdiction in three cases: 1st. Where the causes and matters have arisen within his circuit; 2d. Where the subject matter of the suit is situated there; and 3d. Where the defendants, or either of them, reside in that circuit. As the statute is in the disjunctive, if the cause of suit in a creditor’s bill arose within the…
2Cited by4 opinions
- Farley v. KittsonSupreme Court of the United States · 1887
- Mahaney v. PenmanThe Superior Court of New York City · 1854
- Classon v. . CooleyNew York Court of Appeals · 1853
- Sinclair v. FullerAppellate Division of the Supreme Court of the State of New York · 1896