Gay v. Gay
New York Court of Chancery
This case came before the chancellor upon the application of E. A. Jee, A. W. Jee, and P. R. Morrison, three of the complainants, to vacate an order, taken by default, dismissing their appeal in this suit; and also to open a decree, obtained upon an ex parte argument, in the cross appeal of the defendant John S. Gay, and to dismiss that appeal.
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This case came before the chancellor upon the application of E. A. Jee, A. W. Jee, and P. R. Morrison, three of the complainants, to vacate an order, taken by default, dismissing their appeal in this suit; and also to open a decree, obtained upon an ex parte argument, in the cross appeal of the defendant John S. Gay, and to dismiss that appeal. In September, 1837, the complainant James P. Gay filed his original bill in this cause against the defendant John S. Gay, for an account and settlement of a copartnership, which had existed between the parties, and- for the specific performance of an…
1Opinion of the Court
The Chancellor.
The excuse for not attending the special term is unquestionably sufficient, as the court for the correction of errors was in session until the first Tuesday in July. The counsel employed to argue the appeals and to resist the defendant’s motion, had therefore very strong reasons for believing that the chancellor would not be able to return in time to hold his special term, at Saratoga Springs, on that day, and that cases noticed for that term must stand over until the third Tuesday in July, under the general rule of the court. It would therefore be a matter of course to let…
2Cases cited1 opinion
- Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by44 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Gray v. PalmerCalifornia Supreme Court · 1865
- Pond v. . HarwoodNew York Court of Appeals · 1893
- Sherman v. . FosterNew York Court of Appeals · 1899
- Marshall v. CooperCourt of Appeals of Maryland · 1875
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