Stiles v. Burch
New York Court of Chancery
This- was- an appeal from a decretal order, made in the late equity court of the third circuit. The case was noticed for hearing by the appellant only; and when it was reached in its order, upon the calendar, the respondent did not appear. The appellants’ comise,1 therefore asked for an order, reversing the decree appealed from, by default.
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This- was- an appeal from a decretal order, made in the late equity court of the third circuit. The case was noticed for hearing by the appellant only; and when it was reached in its order, upon the calendar, the respondent did not appear. The appellants’ comise,1 therefore asked for an order, reversing the decree appealed from, by default. The Chancellor, however, decided that the counsel for the appellant must proceed ex parte to show that the decree appealed from was erroneous ; and what was the proper decree to be made in this court, if upon examination it should be found that the…
1Opinion of the Court
The Chancellor.
The object of the bill in this case appears to have been to obtain an account and' distribution of the esiale of Z. Burch, deceased, in the hands of the defendant as (he surviving administrator of his estate ; and to charge the defendant with the amount of certain leasehold premises, which were purchased or pretended to be purchased by him at an auction sale thereof. And the defendant was particularly called upon by the bill to set forth, in his answer, a full inventory of the personal estate, rights and cred- . its of the decedent as to items, value, dates, sums and persons ;…
2Cited by13 opinions
- Case & wife v. AbeelNew York Court of Chancery · 1829
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Druley v. AdamIllinois Supreme Court · 1882
- Hooley v. GieveNew York Court of Common Pleas · 1878
- In re the Estate of WorkNew York Surrogate's Court · 1912
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