Legal Opinion

Stafford v. Brown & Brown

New York Court of Chancery

Decided April 2, 1833PublishedCited by 8 opinions

This case came before the court upon exceptions to the master’s report allowing certain exceptions to the defendants’ answer.

1Opinion of the Court

The Chancellor.

The question which arises upon the five first exceptions allowed by the master is, whether there aré any allegations or interrogatories in the complainant’s bill to authorize him to call upon the defendants to answer the several matters of those exceptions. In the case of Whitmarsh v. Morris & Campbell, and in some other cases, none of which have been reported, this court decided that exceptions to an answer for insufficiency could not' be sustained, unless there was some material allegation, charge or interrogatory contained in the bill which was not fully answered. That where…

2Cited by8 opinions

  1. Hamlin v. Toledo, St. L. & K. C. R.Court of Appeals for the Sixth Circuit · 1897
  2. Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
  3. Toler v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1894
  4. Whittemore v. PattenU.S. Circuit Court for the District of Southern California · 1897
  5. Barrett v. Twin City Power Co.U.S. Circuit Court for the District of South Carolina · 1901

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