Talmage v. Pell
New York Court of Chancery
This was an application by Pell and wife, two of the defendants in this cause and two of the complainants in a cross bill, to stay all the proceedings in this suit until the present complainant therein, and the other defendants in the cross bill had put in and perfected their answers to such cross bill; and to extend the time to produce proofs until forty days after such answers to the cross bill had been perfected.
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This was an application by Pell and wife, two of the defendants in this cause and two of the complainants in a cross bill, to stay all the proceedings in this suit until the present complainant therein, and the other defendants in the cross bill had put in and perfected their answers to such cross bill; and to extend the time to produce proofs until forty days after such answers to the cross bill had been perfected. The bill in this cause was filed to obtain satisfaction of a bond and mortgage, which bond was executed by Pell, and the mortgage by him and his wife, and also by Selden as the…
1Opinion of the Court
The Chancellor.
A great variety of objections exist to the granting of the motion in this case ; many of which are merely technical, but some of them are of a substantial character. One objection of form is that the motion is not made in behalf of all the complainants in what is called the cross bill, but is made by Pell and wife only, without joining their co-complainant who is the trustee of her separate estate. If he has any interest in the defence of this suit as trustee, he should have put in an answer thereto, and should have joined in this application. And if the whole legal and…
2Cases cited1 opinion
- Johnson & Miller v. HuntNew York Supreme Court · 1840
3Cited by12 opinions
- Anderson v. WilsonIndiana Supreme Court · 1885
- Brown v. GayTexas Supreme Court · 1890
- Finlayson v. LipscombSupreme Court of Florida · 1878
- People v. Troy Steel & Iron Co.New York Supreme Court · 1894
- Curtis, Graham & Blatchford v. LeavittNew York Court of Appeals · 1857
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