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19 F. Cas. 158

Penn v. Butler

U.S. District Court

Decided May 11, 1801

U.S. District Court · decided 1801-05-11

On chancery side. Exceptions had been taken to the defendant’s answer.. But now stated, that for certain reasons it would be satisfactory to both parties, to go to a hearing upon the bill and original answer, and moved for leave to withdraw his exceptions; which being allowed, he filed a replication instanter.

Decided 1801-05-11

BY THE COURT.

¶1Take the subpoena at your peril. It is a writ of course; and then all objections will be open to the defendant.

¶2TThe cause was subsequently heard, when the object of the bills was submitted for the opinion of the court on an agreed statement of facts. The court held that the interposition of a court of equity was unnecessary. Case No. 10,930.]

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