Legal Opinion

Bank of Monroe v. Widner

New York Court of Chancery

Decided April 1, 1845PublishedCited by 20 opinions

The bill in this cause was filed before the vice chancellor of the eighth circuit, in 1838, to foreclose a mortgage. At the time of filing the bill the present vice chancellor of that circuit was the copartner of the complainant’s sqlicitor, and wás conn-. ’ ' ' " sel in the suit; and the. bill was regularly taken as confessed against all the defendants therein.

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The bill in this cause was filed before the vice chancellor of the eighth circuit, in 1838, to foreclose a mortgage. At the time of filing the bill the present vice chancellor of that circuit was the copartner of the complainant’s sqlicitor, and wás conn-. ’ ' ' " sel in the suit; and the. bill was regularly taken as confessed against all the defendants therein. In 1839, after the appointment of the present vice chancellor of the eighth circuit, J. Wid-ner and P. Widner, two of the defendants, applied to the complainants’ solicitor to be let in to defend the suit. But as the then vice…

1Opinion of the Court

The Chancellor.

The time for appealing, from an order or decree of the vice chancellor, being limited by statute, the court has no power to extend the time for appealing, indirectly; by vacating the decree or order and entering it as of a more recent date, for the mere purpose of giving a party the right to appeal. That was so held by this court in the case of Caldwell v. The Mayor of Albany, (9 Paige's Rep. 572,) which must be considered as decisive upon that part of the present application. It is, therefore, unnecessary to examine the question whether the court is authorized to interfere in…

2Cases cited2 opinions

  1. Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
  2. Green v. PatchinNew York Supreme Court · 1835

3Cited by20 opinions

  1. Heckers v. FowlerSupreme Court of the United States · 1865
  2. Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
  3. Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
  4. Wait v. . Van AllenNew York Court of Appeals · 1860
  5. People Ex Rel. Union Insurance Co. of Philadelphia v. NashNew York Court of Appeals · 1888

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