Public-domain · open source
OpenJurist

2 Edw. Ch. 599

La Roque v. Davis

New York Court of Chancery

Decided July 9, 1836

New York Court of Chancery · decided 1836-07-09

The complainant’s counsel applied for leave to file a replication, notwithstanding the cause had been noticed upon bill and answer by the defendant. It' appeared, as an excuse for not filing it before, that the solicitor for the complainant had been unwell.

Decided 1836-07-09

The Vice-Chancellor,

¶1however, considered he could not look into the merits of the cause on- a motion of this kind, nor take notice of the suggested distress of any parties. This was a case, he said, where creditors were seeking for Satisfaction of their just demands and if they were entitled to the property which had been enjoined all considerations of hardship upon the defendants must be laid aside.

¶2The complainants had leave to file a replication within ten days, upon paying the defendant’s costs of putting the cause upon the calendar and of opposing this motion. But, inasmuch as the defendants suggested they might find it necessary to file a supplemental answer, the court gave them the liberty of doing so within six days and, in that event, each party to bear his own costs.

/2/edwch/599 · .json · Public domain