Goodhue v. Churchman
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, denying the application of three of the defendants to vacate the decree entered in this canse, and to allow those defendants to put in an answer to the bill of the complainants. The answer proposed to be put in was not served upon the complainant’s solicitor with notice of the application, and therefore could not be read upon the motion.
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This was an appeal from an order of the vice chancellor of the first circuit, denying the application of three of the defendants to vacate the decree entered in this canse, and to allow those defendants to put in an answer to the bill of the complainants. The answer proposed to be put in was not served upon the complainant’s solicitor with notice of the application, and therefore could not be read upon the motion. But the counsel for the appellants insisted that the decree was erroneous upon the bill taken as confessed, and was not warranted by the casa made by the bill.
1Opinion of the Court
The Chancellor.
It has repeatedly been decided, in this court, that a final decree which has been regularly entered, upon a hill taken as confessed, will not be set aside upon the mere affidavit of the defendant that he is advised he has a good *597defence on the merits. He must either state the nature and facts of his defence in the affidavit on which his application is founded, or he must move upon the sworn answer which he proposes to put in ; so that the court can see what that defence is. And in either case, the complainant is entitled to a service of a copy of the answer, or affidavit, upon…
2Cited by6 opinions
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Enochs v. HarrelsonMississippi Supreme Court · 1879
- Matter of PriceNew York Court of Appeals · 1876
- Smyth v. FitzsimmonsSupreme Court of Alabama · 1892
- Schofield v. Horse Springs Cattle Co.U.S. Circuit Court for the District of Montana · 1895
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