Warren v. Sprague
New York Court of Chancery
This was an appeal from a decision of the vice chancellor .of the first circuit, denying the defendant’s application to take the complainant’s bill off the files of the court, and allowing- the complainant to substitute a -new solicitor to prosecute this suit.
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This was an appeal from a decision of the vice chancellor .of the first circuit, denying the defendant’s application to take the complainant’s bill off the files of the court, and allowing- the complainant to substitute a -new solicitor to prosecute this suit. The bill was filed by a receiver, who had been appointed in,a creditor’s suit between O. Ames, as complainant, and G. Weth-erelf and H. St. John, as defendants; and the only ground of objection to.the bill in the present-suit was, that-it was prosecuted by the same solicitor who appeared for the-complainant in the original suit, in…
1Opinion of the Court
The Chancellor.
The only error in the order appealed from is that the application to take the bill off the files was not denied with costs; instead of .requiring the complainant to appear by a new solicitor and to pay the costs of .the defendant upon the motion. But that was an error in favor of the appellant, and of which he has, of course, no right to complain by *201appeal. The rule which prohibits a receiver from employing the solicitor of either of the parties to the suit in which he is appointed receiver, is intended to protect the rights of those parties. And, if they have no objection, the…
2Cited by3 opinions
- Cumming v. EgertonThe Superior Court of New York City · 1863
- Fassett v. TallmadgeNew York Supreme Court · 1860
- Branch v. HarringtonNew York Supreme Court · 1875