Melick v. Drake
New York Court of Chancery
Tras was an appeal from an order of the vice chancellor of the first circuit, refusing to set aside an injunction for irregularity. The object of the bill was to restrain the defendants from proceeding in a suit at law commenced in the name of Drake upon a note obtained by the complainant by fraud and false pretences; and to have the note delivered up and cancelled.
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Tras was an appeal from an order of the vice chancellor of the first circuit, refusing to set aside an injunction for irregularity. The object of the bill was to restrain the defendants from proceeding in a suit at law commenced in the name of Drake upon a note obtained by the complainant by fraud and false pretences; and to have the note delivered up and cancelled. The bill also contained an allegation that the complainant was unable to prove the facts charged in the bill except by the oath of the defendants; and that a discoveiy was necessary to aid the defence in the suit at law. The suit…
1Opinion of the Court
The Chancellor.
This is clearly a case in which an injunction master, or a vice chancellor acting in the character of injunction master, would not be authorized to give a. certificate that an injunction ought to issue to stay the suit at law, without directing a provision to be inserted in the injunction that the defendant should be permitted to proceed to trial and judgment according to the provisions of the 33d rule. But it is such a case as is contemplated by the last clause of that rule, in which the court itself may, in its discretion, grant a general injunction to stay the trial. To…
2Cited by1 opinion
- Henwood v. JarvisNew Jersey Court of Chancery · 1876