Noble v. Wilson
New York Court of Chancery
The plaintiffs as judgment and execution creditors of Samuel Wilson, the elder, filed their bill against him and the other defendants, charging that he had fraudulently transferred his property to the other defendants, seeking a discovery of the fraud, and praying an injunction to restrain them from selling or incumbering the property. To the answer of three of the defendants the plaintiffs excepted, and those exceptions were submitted to.
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The plaintiffs as judgment and execution creditors of Samuel Wilson, the elder, filed their bill against him and the other defendants, charging that he had fraudulently transferred his property to the other defendants, seeking a discovery of the fraud, and praying an injunction to restrain them from selling or incumbering the property. To the answer of three of the defendants the plaintiffs excepted, and those exceptions were submitted to. To the answer of the other three defendants exceptions were also taken, which, on reference to a master, were allowed; but those defendants excepted to the…
1Opinion of the Court
The Chancellor :—The answer of all the defendants must be perfected before the injunction will be dissolved, provided they are all implicated in the same charge, and the complainant has made use of due diligence to get in their answers. In such cases, the exceptions to the answer of one of the defendants submitted to, is a good answer to a motion to dissolve the injunction, if those exceptions go to the merits of the case on which the injunction rests. The same rule must also be applied to the case of exceptions allowed by a master, although the defendant has excepted to the master’s…
2Cases cited1 opinion
- Seebor v. HessNew York Court of Chancery · 1835
3Cited by7 opinions
- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Gallego v. ChevallieU.S. Circuit Court for the District of Virginia · 1826
- Minor v. TerryNew York Supreme Court · 1851
- Johnston v. AlexanderSupreme Court of Arkansas · 1845
- Porter's Heirs v. PorterMississippi Supreme Court · 1843
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