Buck v. Buck
New York Court of Chancery
This case came before the chancellor upon an appeal, by the defendant, from an order of a vice chancellor, allowing the complainants to amend their bill, and to retain a ne exeat, which had been issued upon the original bill. The object of the bill was to obtain the specific performance of an agreement to convey lands to the complainants’ testator.
1Opinion of the Court
The Chancellor.
This is an appeal from a decision of the vice chancellor of the sixth circuit, refusing to discharge a ne exeat, and permitting the complainants to take out letters testamentary in this state, and to amend their bill so as to state that fact. The respondents have required the sureties in the appeal bond to justify, as authorized by the recent amendment of the 116th rule, and insist that the appeal could not be regu*171larly noticed for argument until the sureties had justified. In this the counsel for the respondents has mistaken the effect of the recent amendment of the rule. The…
2Cited by2 opinions
- Totten v. NighbertWest Virginia Supreme Court · 1896
- Richardson v. GreenCourt of Appeals for the Ninth Circuit · 1894