Wood v. Genet
New York Court of Chancery
This case came before the court upon demurrer. The complainant alleged in his bill that the Manhattan Company, in January, 1818, recovered a judgment in the supreme court against the defendant and others, as the heirs and devisees of Maria Osgood, deceased, for $7654,62 ; to be levied of the lands and tenements whereof W. F. Osgood, Martha B., the wife of E. C. Genet, Julianna, the wife of S. Osgood, and Susan IC.
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This case came before the court upon demurrer. The complainant alleged in his bill that the Manhattan Company, in January, 1818, recovered a judgment in the supreme court against the defendant and others, as the heirs and devisees of Maria Osgood, deceased, for $7654,62 ; to be levied of the lands and tenements whereof W. F. Osgood, Martha B., the wife of E. C. Genet, Julianna, the wife of S. Osgood, and Susan IC. Osgood, and each of them, at the time of the commencement of that suit, in October term, 1815, had as well by descent as devise from Maria Osgood ; and that by virtue of an…
1Opinion of the Court
The Chancellor.
Upon the argument of this cause, it was understood that the decision of the court should be suspended for the purpose of enabling the complainant to propose some formal amendments to his bill, which it was supposed the other party would probably agree to, for the purpose of having the case decided upon its merits only. But as a year and a half has since elapsed, and no application has been made to amend, I must consider the complainant as having abandoned the right to apply to amend this injunction bill. I shall therefore proceed to make a final decision upon the bill in its…
2Cases cited1 opinion
- Champlin v. RowleyNew York Supreme Court · 1837
3Cited by1 opinion
- Miller v. FinkleNew York Supreme Court · 1853