Fulton Bank v. Beach
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. This is an appeal from an order of the chancellor of the 6th August, 1830, directing an answer in the above cause, put in by Ebenezer S. Beach, one of the defendants, separately, and filed on the 15th August, 1829, to be taken from the files of the court. The bill was filed in June, 1827. Notice of appearance was given by R. C. Wheeler, one of the defendants, in person, and as solicitor for all the other defendants.
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Appeal from chancery. This is an appeal from an order of the chancellor of the 6th August, 1830, directing an answer in the above cause, put in by Ebenezer S. Beach, one of the defendants, separately, and filed on the 15th August, 1829, to be taken from the files of the court. The bill was filed in June, 1827. Notice of appearance was given by R. C. Wheeler, one of the defendants, in person, and as solicitor for all the other defendants. In October, 1827, an answer was put in, purporting lobe the joint and several answer of Ebenezer S. Beach, William S. Dezeng and the other defendants, naming…
1Opinion of the Court
The following opinions were delivered:
By Chief Justice Savage.
The question is, whether the defendants were entitled by the practice of the court to retain the paper in question on the files and rely upon it in their defence. It is purely a question of practice, and it is not necessary, perhaps it is not proper, to look into the merits of the defence thus attempted to be set up—the merits were discussed upon the former appeals.
By a rule of Lord Hardwicke of April 27th, 1748, all answers were required to be - signed and sworn before the master. In the case of-v. Lake, 6 Ves. 171, a motion was…
2Cited by9 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Kenner v. City National BankTennessee Supreme Court · 1932
- Fulton Bank v. BeachNew York Court of Chancery · 1830
- Bailey Washing Machine Co. v. YoungU.S. Circuit Court for the District of Southern New York · 1874
- Collard v. SmithNew Jersey Court of Chancery · 1860
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