Trust & Fire Insurance v. Jenkins
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, setting aside the complainant’s order taking the bill as confessed against the defendant Andrews, and all subsequent proceedings thereon, for irregularity, with costs.
Read the full summary
This was an appeal from an order of the vice chancellor of the first circuit, setting aside the complainant’s order taking the bill as confessed against the defendant Andrews, and all subsequent proceedings thereon, for irregularity, with costs. After the defendant Andrews had perfected his answer to the bill, the complainants made a special application to the court upon notice, and with the consent of the solicitor of Andrews obtained an order for leave to amend their bill, fay making A. Palmer and the wife of the defendant Andrews, and any other person who might have succeeded to the right…
1Opinion of the Court
The Chancellor.
The affidavit on the part of the complainants shows that a replication to the answer of Andrew was necessary to enable them to bring the cause to a hearing upon its merits. The only question, therefore, was as to which party was technically right upon the point of practice. For where a party insists upon retaining a mere technical advantage of his adversary, if it turns out that he himself has mistaken the practice, and that the adverse party was in the right, the latter is of course entitled to his costs.
Where the complainant amends his bill after answer, the defendant has a…
2Cited by13 opinions
- Abrams v. WatsonSupreme Court of Alabama · 1877
- Howard v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1888
- Spiro v. RobertsonIndiana Court of Appeals · 1914
- Nelson v. EatonCourt of Appeals for the Eighth Circuit · 1895
- Davis v. DavisMississippi Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.