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2 Barb. Ch. 106

Whitbeck v. Edgar

New York Court of Chancery

Decided January 26, 1847

New York Court of Chancery · decided 1847-01-26

This was an appeal from an order of the late vice chancellor of the first circuit, overruling a demurrer, of the defendant Edgar, to the complainant’s bill.

Good law ✅— No negative treatment on recordhow we know

Decided 1847-01-26

How this case has been cited

Cited by 7 later decisions — most recently June 1913

1 federal appellate · 6 state decisions

2018471850186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor

¶1said "that although it was a general rule that a cross-bill could not be filed by any persons except parties to the original suit, yet that a purchaser, pendente lite, from a *107party to the suit, was a privy, and might file a bill, in the nature of a cross-bill, to make himself a party to the suit so as to have his rights protected.

¶2He also held that a defendant could not demur to a bill merely because other persons were improperly made defendants in the suit. He said the objection could only be taken by those persons themselves. Neither could a defendant demur to the whole bill on the ground that the complainant asked for too much; that if the prayer for relief was broader than the facts of the case warranted, the defendant should demur to the part of the relief asked for to which the complainant was not entitled.

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