Deas v. Harvie
New York Court of Chancery
This was an appeal by the complainant, from an order ol lie vice chancellor of the first circuit, dissolving the injunction which had been granted in this" cause, upon a bill of discovery; and directing the appellant to pay the respondent’s costs. Tue fill was filed fór k discovery in aid of the complainant’s defence to a suit at law, upon an acóéptancé purporting to have been made by'him, but which he charged to be a forgery.
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This was an appeal by the complainant, from an order ol lie vice chancellor of the first circuit, dissolving the injunction which had been granted in this" cause, upon a bill of discovery; and directing the appellant to pay the respondent’s costs. Tue fill was filed fór k discovery in aid of the complainant’s defence to a suit at law, upon an acóéptancé purporting to have been made by'him, but which he charged to be a forgery. The facts, as admitted in the answer "of the defendant, were substantially as follows: In September, 1839, J. B. Chapman, then of Richmond in Virginia, but" who is now…
1Opinion of the Court
The Chancellor.
The complainant’s bill having been fully, answered,-it, was a matter of course fo .dissolve. the.injunction, which restrained the further prosepution of the suit at-law until ¡the discovery.should, have been obtained. And.I do not see any .thing-in. this case to take,it put of the general rule that the complainant in a bill of dispovery must pay,the costs of the defendant. -.The exception to this general ruje is where the complainant ..shows that ..he has. applied to the defendant to admit some Tact, - which is material to ¡the. defence Of the comr plainant.in the. suit ,at…
2Cited by5 opinions
- Schepmoes v. BoussonNew York Court of Common Pleas · 1877
- Glenney v. StedwellNew York Court of Appeals · 1876
- Shepmoes v. BowssonNew York Court of Common Pleas · 1877
- Adams v. CavanaughNew York Supreme Court · 1885
- Mudge v. GilbertNew York Supreme Court · 1872