Tyler v. Simmons
New York Court of Chancery
This case came before the chancellor upon an appeal by the defendants from two separate decisions and orders of the vice chancellor of the fourth circuit, The complainant filed his bill as a judgment creditor of D« Simmons, one of the defendants, to obtain satisfaction of his debts out of the equitable interests, choses in action or other property of Simmons which he had not been able to reach by execution at law, and particularly the interest of Simmons in an axe…
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This case came before the chancellor upon an appeal by the defendants from two separate decisions and orders of the vice chancellor of the fourth circuit, The complainant filed his bill as a judgment creditor of D« Simmons, one of the defendants, to obtain satisfaction of his debts out of the equitable interests, choses in action or other property of Simmons which he had not been able to reach by execution at law, and particularly the interest of Simmons in an axe manufacturing establishment, which was carried on in the name of Miller, the other defendant, as the ostensible owner. Upon the…
1Opinion of the Court
The Chancellor.
The vice chancellor was right hi supposing that it was not proper that the argument of the exceptions, and of the special motion to set aside the report for *130irregularity or to refer it back to the master, should be heard together. The two proceedings were incompatible and entirely inconsistent with each other. The filing of exceptions to a report necessarily presupposes that the report is regularly made, but that the master has dome to a wrong conclusion as to the whole or some of the matters referred to him for his decision. And if exceptions are filed after notice of any…
2Cases cited1 opinion
- Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by20 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Whitehead v. PerieTexas Supreme Court · 1855
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
- Sharon v. SharonCalifornia Supreme Court · 1885
- Mott v. HarringtonSupreme Court of Vermont · 1843
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