Evarts v. Becker
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the seventh circuit, refusing to set aside an order of publication against Becker and Tremells, two of the defendants, and the subsequent proceedings thereon, for irregularity.
Read the full summary
This was an appeal from a decision of the vice chancellor of the seventh circuit, refusing to set aside an order of publication against Becker and Tremells, two of the defendants, and the subsequent proceedings thereon, for irregularity. It appeared by the papers before the vice chancellor, that at the time of the filing of the complainants’ bill, and at the time the order for publication was granted, Becker and Tremells were both residents of one of the out-wards of the city of New-York; that one of them was a man of family, and a householder, although their names were not found in the city…
1Opinion of the Court
The Chancellor.
The affidavits and counter affidavits as to the merits of the defence of these appellants were wholly unnecessary. For it was a matter of right for them to be let in to make a defence, upon payment of such costs as the court should think reasonable ; even if the order for publication and all the subsequent proceedings had been strictly regular, and conformable to the statute in all respects. (2 R. S. 187, § 133, 137.) The only question therefore is, whether the proceedings were strictly regular; when in point of fact both the appellants had a known and fixed residence in this…
2Cited by3 opinions
- Barnes v. CurryMichigan Supreme Court · 1925
- Soule v. HoughMichigan Supreme Court · 1881
- Erickson, Livermore & Co. v. NesmithSupreme Court of New Hampshire · 1866