Coogan v. McCarren

Pitney, V. C.

This is a motion to strike out the bill under the two hundred and fifteenth rule, instead of a demurrer.

The bill is in the nature of a cross-bill, and is a continuation of the litigation dealt with in an opinion reported sub mom. McCarren v. Coogan, 5 Dick. Ch. Rep. 268 ; 24. Atl. Rep. 1033.

The bill here drawn in question was filed after the promulgation of that opinion and before the order dismissing the bill of McCarren was actually signed in accordance with the opinion. It sets out the same facts comprised in that bill: the giving of the bond and mortgage by Tomney to one…