Fulton Bank v. Beach
New York Court of Chancery
An answer was put in' for all the defendants in this cause in October, 1827. By the caption it purported to be the joint and several answer of Ebenezer S. Beach and all the other defendants; and was signed by the solicitor of all the defendants; but through inadvertence it was not sworn to by Beach. The complainants filed a replication, treating it as the answer of all the defendants; and the testimony was taken in the cause, and the proofs regularly closed therein.
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An answer was put in' for all the defendants in this cause in October, 1827. By the caption it purported to be the joint and several answer of Ebenezer S. Beach and all the other defendants; and was signed by the solicitor of all the defendants; but through inadvertence it was not sworn to by Beach. The complainants filed a replication, treating it as the answer of all the defendants; and the testimony was taken in the cause, and the proofs regularly closed therein. Two motions were afterwards made in behalf of all the defendants ; one to re-examine a witness, and the other to permit them to…
1Opinion of the Court
The Chancellor.
There can be no possible doubt that • the filing of this second answer, without the leave of the court was irregular, and the same was a nullity. The court, for the purpose of preventing irregularities and to preserve its files from being encumbered with ' improper papers, prohibited answers from being filed without oath, except under an order of the court. But an answer thus filed was good as against the party who put in the same, and it did not lie in his mouth to complain of his own irregularity, or of that of his solicitor. If the complainants had known pf the answer not…
2Cases cited1 opinion
- Fulton Bank v. BeachCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by10 opinions
- Kenner v. City National BankTennessee Supreme Court · 1932
- Mitchell v. Tishomingo Savings InstitutionMississippi Supreme Court · 1876
- Morrill v. BurgSupreme Court of Florida · 1920
- Bailey Washing Machine Co. v. YoungU.S. Circuit Court for the District of Southern New York · 1874
- Collard v. SmithNew Jersey Court of Chancery · 1860
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