Knickerbacker v. Brintnall

Decided October 6, 1846

New York Court of Chancery · decided 1846-10-06

This was an appeal from the decision of a vice chancellor, in a mortgage case, which decision was in favor of the defendant. And the cause was on the calendar for argument, in the fourth class. No affidavit of merits having been filed by the defendant,

Decided 1846-10-06

The Chancellor

¶1decided that the 91st rule only applied to appeal cases, when the decision appealed from was against the defendant, and not to cases where the decision was in his favor ; that in cases of the latter kind there was no presumption that the appeal was brought for delay.

¶2Motion denied.