Brockway & McFarland v. Copp
New York Court of Chancery
The defendant appealed from an interlocutory decision of a vice chancellor, refusing" to modify an injunction. The chancellor reversed that decision, and modified the injunction as prayed for on the original application to the vice chancellor, and ordered the complainants to pay the costs of the appeal; no one appearing on the hearing of the appeal, in their behalf, to oppose the defendant’s application.
Read the full summary
The defendant appealed from an interlocutory decision of a vice chancellor, refusing" to modify an injunction. The chancellor reversed that decision, and modified the injunction as prayed for on the original application to the vice chancellor, and ordered the complainants to pay the costs of the appeal; no one appearing on the hearing of the appeal, in their behalf, to oppose the defendant’s application. No order was made to remit the proceedings on the appeal to the. vice chancellor. But the defendant procured his costs on the appeal to be taxed, and caused them to be demanded of tile…
1Opinion of the Court
The Chancellor.
As the proceedings on this appeal Were not remitted to the vice chancellor to carry into effect this order for the payment" of Costs, there can be no doubt that the application is properly made to the chancellor, to enforce their collection. The only doubt which suggested itself to me, in this case, Was whether this was one of the cases provided for by the fourth section of the title of the revised statutes, Which relates to proceedings as for contempts to enforce civil remedies, and to protect the rights of parties in civil actions, (2 R. S. 535;) or whether the defendant was…
2Cited by12 opinions
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899
- Jastram v. McAuslanSupreme Court of Rhode Island · 1909
- Ford v. FordThe Superior Court of New York City · 1871
- Dusenberry v. WoodwardThe Superior Court of New York City · 1855
7 more not listed; retrieve them via the Exa API.