Clason v. Morris
Court for the Trial of Impeachments and Correction of Errors
THE respondents filed their bill m chancery, stating that a com» . . 4 . . - , . mission or bankruptcy was awarded against Comfort bands, the _ * "S2d June, 1301, and that having been duly declared a bankrupt, Isaac Kibbe was chosen his assignee, to whom the estate and effects of the bankrupt were assigned the 18th July, 1801. On the 6th October, 1806, the creditors removed Kibbe and chose Alexander Macomb an assignee in his stead, to whom the estate and effects of the…
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THE respondents filed their bill m chancery, stating that a com» . . 4 . . - , . mission or bankruptcy was awarded against Comfort bands, the _ * "S2d June, 1301, and that having been duly declared a bankrupt, Isaac Kibbe was chosen his assignee, to whom the estate and effects of the bankrupt were assigned the 18th July, 1801. On the 6th October, 1806, the creditors removed Kibbe and chose Alexander Macomb an assignee in his stead, to whom the estate and effects of the bankrupt were duly assigned the 23d October, 1806, and that on the 3d February, 1808, the creditors removed Macomb and chose…
1Opinion of the CourtSpencer, J.
The first question which I have chosen to consider, is, as to the effect of the hills being taken pro confesso against Stanly, circumstanced as this case is. If Stanly was the *546sole defendant, or had distinct rights, I agree that his default la appearing and answering would have been an admission of the facts, cliarged in the bill. In Davis v. Davis, (2 Aik. 21.) Lord Hardwicke says, with great-propriety, that the taking a bill pro coraj’gggg^ jn equity, is analogous to taking the declaration for true, where the plea or answer of the defendant is insufficient. He was there, however, speaking…
2Cases cited2 opinions
- Dow v. Town of HinesburghSupreme Court of Vermont · 1826
- Warren v. United InsuranceNew York Supreme Court · 1801
3Cited by27 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Lewis v. . PalmerNew York Court of Appeals · 1863
- Thompson v. BoothCourt of Appeals for the Second Circuit · 2024
- Shutts v. . FingarNew York Court of Appeals · 1885
- Mulrey v. CarberryMassachusetts Supreme Judicial Court · 1910
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