Candler v. Pettit
New York Court of Chancery
The complainant filed Ms bill, setting forth among other things, the pendency of a suit in his favor against the defendant at law, and praying an injunction and ne exeat Both were granted by the master; but the injunction was *afterwards dissolved by the Chancellor, on'the ground that the complainant was not entitled to an injunction, to stay the defendant from disposing of his property until an execution had been issued and returned unsatisfied.
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The complainant filed Ms bill, setting forth among other things, the pendency of a suit in his favor against the defendant at law, and praying an injunction and ne exeat Both were granted by the master; but the injunction was *afterwards dissolved by the Chancellor, on'the ground that the complainant was not entitled to an injunction, to stay the defendant from disposing of his property until an execution had been issued and returned unsatisfied. The complainant having proceeded to judgment and execution at law, filed his supplemental bill, stating those facts, and prayed an injunction; on…
1Opinion of the Court
The Chancellor :—If the original bill is wholly defective, so that no valid decree could be made thereon, the party cannot, by filing a supplemental bill, founded upon matters which have subsequently taken place, sustain the proceedings originally commenced.
If the facts existed before the filing of the original bill, they should be inserted therein by way of amendment. And if the complainant had no ground for the proceedings originally, he should file a new bill, showing a case which will then entitle him to equitable relief. But if his original bill was sufficient to entitle him to one kind…
2Cases cited1 opinion
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by30 opinions
- French v. HaySupreme Court of the United States · 1875
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Uhl v. DillonCourt of Appeals of Maryland · 1857
- Brown, Bros. v. Bank of MississippiMississippi Supreme Court · 1856
- Putney v. WhitmireU.S. Circuit Court for the District of South Carolina · 1895
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