Gelston v. Hoyt
New York Court of Chancery
MOTION to dissolve the injunction granted by the master in this cause, on the matter of the bill only, and before answer.
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MOTION to dissolve the injunction granted by the master in this cause, on the matter of the bill only, and before answer. The bill stated, that Gelston, as collector of the customs in New- York, and Schenck, as surveyor of the port, on the 10th of July, 1810, seized the ship American Eagle, &c., as forfeited to the United States,* that she was libelled, in the district court of the United States, for the district of New- York, by the attorney of the United States; that the libel alleged that the ship, on the 1st of July, 1810, was fitted out and armed, or attempted to be fitted out and armed,…
1Opinion of the Court
The Chancellor.
I have carefully examined and considered the contents of the bill, and I cannot perceive any sufficient ground for retaining the injunction. This is not a bill of discovery, in the strict and technical sense of the term. It is no more a bill of discovery, than every other bill seeking relief, and which calls upon the defendant to disclose by answer, the circumstances of the plaintiff’s case as preparatory to such relief. This bill seeks to transfer the jurisdiction of the suit at law to this court, and to have the merits of the case discussed, and finally decided here, and the…
2Cited by15 opinions
- Seymour v. SeymourNew York Court of Chancery · 1820
- Garvin v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1924
- Armstrong v. GilchristNew York Supreme Court · 1800
- Glenney v. StedwellNew York Court of Appeals · 1876
- Andrews v. StelleSupreme Court of New Jersey · 1871
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