Stafford v. Brown
New York Court of Chancery
This was an application on the part of Nehemiah Brown, to set aside the order for an attachment against him for not answering the complainant’s supplemental bill, and that the costs paid to the officer who served the attachment might be "■refunded. It appeared by the affidavits in the cause, that afe ter this defendant had appeared to the supplemental hill, by his solicitor, the complainant, upon the filing of an affidavit that
1Opinion of the Court
The Chancellor.
The preliminary objection of the «complainant as to the entitling of the papers is not well taken. In proceedings against parties to the suit, in the ordinary progress of the cause, as to compel the appearance or answer of a defendant, or to enforce the performance of a decree or order of the court, the practice in England appears to be to entitle the affidavits petitions and orders in the cause, as well after as before the order for an attachment has been entered. (See 2 Newland’s Ch. Prac., 3 Lond. ed. 329. 2 Grant’s Pr. 46, 219, 239.) This, also, is the most convenient and…
2Cases cited1 opinion
- Folger v. HooglandNew York Supreme Court · 1809
3Cited by13 opinions
- Pitt v. . DavisonNew York Court of Appeals · 1867
- State v. IrwinWest Virginia Supreme Court · 1887
- First Congregational Church v. City of MuscatineSupreme Court of Iowa · 1855
- Fischer v. HayesU.S. Circuit Court for the District of Southern New York · 1881
- State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884
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