Thompson v. Ellsworth
New York Court of Chancery
This was an application by the complainant to dismiss an appeal, brought by the defendant Ellsworth, from the final decree in this cause, for irregularity. The bill was filed by the complainant to foreclose a bond and mortgage given, by the defendant Ellsworth, to J. McGregor, and assigned by the latter to the wife of the complainant, during coverture.
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This was an application by the complainant to dismiss an appeal, brought by the defendant Ellsworth, from the final decree in this cause, for irregularity. The bill was filed by the complainant to foreclose a bond and mortgage given, by the defendant Ellsworth, to J. McGregor, and assigned by the latter to the wife of the complainant, during coverture. The other defendants claimed an interest in the mortgaged preitiises, under a subsequent mortgage from Ells-worth ; the right to which mortgage was contested between those defendants, or some of them, and its validity was not admitted by the-…
1Opinion of the Court
The Chancellor.
Whatever may be. the merits of the appeal in this case, it cannot be dismissed if the appellant has complied with all the requirements of the statute and the rules of the court, to make the appeal effectual. It therefore becomes important to inquire whether the appeal bond in this case is in the proper form.
It was suggested, upon the argument of this motion, that the chancellor had not the power to require any security for costs to be given upon an appeal from a decree or order of a vice chancellor ; but only to prescribe, by general rules, what should be necessary to make the…
2Cited by24 opinions
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- Henneger v. LomasIndiana Supreme Court · 1896
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Randall v. HunterCalifornia Supreme Court · 1886
- Kells v. Nelson-Tenney Lumber Co.Supreme Court of Minnesota · 1898
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