Wood v. Perry
New York Supreme Court
In Egluity. This case came before this court on an appeal by the defendant Perry, from a decree of the late vice chancellor of the seventh circuit.
Read the full summary
In Egluity. This case came before this court on an appeal by the defendant Perry, from a decree of the late vice chancellor of the seventh circuit. The bill was originally filed against Abner Perry, alone, to obtain injunctions against the further prosecution of three actions of ejectment instituted by him, one against the plaintiffs Benney, and one against each of the other plaintiffs, and to compel the performance of a contract between Perry and one Smith D. Mallory, for the sale of lot No. 37 in Savannah, in the county of Wayne, so far as it related to the parts of that lot which were in…
1Opinion of the CourtStrong, P. J.
The objection raised in behalf of the defendant Perry, that there is not a common interest in the plaintiffs in the subject matter of the suit, sufficient to enable them to join in their complaint and prayer for relief, is settled, so far as it relates to the allegations in the bill, by the decision of the assistant vice chancellor of the first circuit on the demurrer. As there has been no appeal from his decree, the same is conclusive, so far as it goes, upon the parties in this suit. But that does not preclude Perry from subsequently raising the question of fact, either by plea or an*121swer.…
2Cases cited3 opinions
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Slack v. BrownNew York Supreme Court · 1835
- Hallenbeck v. DewittNew York Supreme Court · 1807
3Cited by16 opinions
- Bradley v. . BradleyNew York Court of Appeals · 1900
- Tillmes v. MarshSupreme Court of Pennsylvania · 1871
- Wilhelm v. FolmerSupreme Court of Pennsylvania · 1847
- Dawson v. SparksTexas Commission of Appeals · 1881
- Gray v. RothschildNew York Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.