Eager v. Price
New York Court of Chancery
The complainants, being judgment creditors of'the defend--, ant Price, filed their bill before the-Vice, chancellor of the' first circuit to obtain satisfaction of'their'debt out of his eqüita: ble property. And the usual ^injunction was granted thereon, Price demurred to the' bill, which demurrer on argument was overruled. From -that decision he,áppealed to "the chancel-' lor;-which appeal has pot yet been disposed of.
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The complainants, being judgment creditors of'the defend--, ant Price, filed their bill before the-Vice, chancellor of the' first circuit to obtain satisfaction of'their'debt out of his eqüita: ble property. And the usual ^injunction was granted thereon, Price demurred to the' bill, which demurrer on argument was overruled. From -that decision he,áppealed to "the chancel-' lor;-which appeal has pot yet been disposed of. The com- " plainants afterwards prepared a supplemental' bill, setting forth those proceeding, and showing among other things that 1 since the" filing.of the original" bill,…
1Opinion of the Court
The Chancellor.
The objection that the supplemental bill was filed without a previous order does not appear to be a valid a nswer to the application. There was no necessity of filing it previous to the argument of the motion, unless the vice chancellor intended to direct an order to show cause why the injunction should not be granted; which does not appear to have been intended. But if there was sufficient in the bill to authorize the granting of the injunction, it would then have been filed as a matter of course; as the injunction could not issue until the bill was actually filed. If the…
2Cited by23 opinions
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- Stone v. WetmoreSupreme Court of Georgia · 1871
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