Rogers v. Holly & Jarvis
New York Supreme Court
Appeal from chancery. The appellants filed a bill in chancery to obtain an injunction to stay suits at law against them upon two promissory notes, one for the sum of $8000, and the other for $1457. The cause was heard upon pleadings and proofs before the vice-chancellor of the first circuit, who dismissed the bill with costs.
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Appeal from chancery. The appellants filed a bill in chancery to obtain an injunction to stay suits at law against them upon two promissory notes, one for the sum of $8000, and the other for $1457. The cause was heard upon pleadings and proofs before the vice-chancellor of the first circuit, who dismissed the bill with costs. An appeal was taken to the chancellor, who affirmed the decision of the vice-chancellor, except as to the sum of $631.21, which he was of opinion ought to be allowed as a credit on the notes, and he accordingly modified the decree of the vice-chancellor; but, in all…
1Opinion of the Court
[351] After advisement, the following opinion was delivered:
By Mr. Justice Cowen.
(After disposing of the case on the merits, proceeded as follows:) The ease then comes down to that branch of the appeal which attacks the decree for general costs. I can only say, that as at present advised, I am hardly able to imagine a case in which this court ought to interfere with such a decree. (See Cunningham v. Freeborn, 11 Wendell, 257, 8, per Nelson, J.) It lies in the merest discretion of the chancellor; and it is perfectly well settled, that as a general rule, an appeal will not lie from a decree,…
2Cases cited2 opinions
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hammersley & Dyett v. Barker & ChapmanNew York Court of Chancery · 1831
3Cited by16 opinions
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Durkee v. MottNew York Supreme Court · 1850
- Pullman v. . CorningNew York Court of Appeals · 1853
- Western Transportation Co. v. . HoytNew York Court of Appeals · 1877
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
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