Ferris v. Burton
Supreme Court of Vermont
The object of the original bill of complaint of the orator, Jon-r aihan Ferris,-was to-enjoin certain suits pending, in favor of said Burton against the said Jonathan Ferris; and.to compel an offset .of said demands, sued by said Burton, against certain demands of these orators.
Read the full summary
The object of the original bill of complaint of the orator, Jon-r aihan Ferris,-was to-enjoin certain suits pending, in favor of said Burton against the said Jonathan Ferris; and.to compel an offset .of said demands, sued by said Burton, against certain demands of these orators. On a -partial hearing upon a demurrer to the ..original'bill, and learning, incidentally, the .grounds .of defence disclosed 'in the answer of Burton provisionally interposed, the Court intimated a difficulty in getting at the merits, without joining Elijah Ferris as complainant; .and also a difficulty in the defence…
1Opinion of the Court
HutchiNsoN,
Chancellor, after -stating the case, announced the opinion of the co'urt. Itis objected that the Orators can have no decree by reason of tbe deficiency of their hill; Andrew Bostwick, not being -made a party defendant. We discover no necessity or use in making him 'such party. The orators complain of nothing which would entitle them to a decree against him, if he were defendant. Bostwick, can exercise no control over the demands on either 'side. He, being not served with process in Burton’s suits at law, and, consequently not being a debtor in said judgments, need not join to help…
2Cited by6 opinions
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Blake v. LangdonSupreme Court of Vermont · 1847
- Downer v. DanaSupreme Court of Vermont · 1845
- McDonald v. SmithSupreme Court of Vermont · 1885
- Foot v. KetchumSupreme Court of Vermont · 1843
1 more not listed; retrieve them via the Exa API.