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3 Edw. Ch. 245

Heyward v. Stilwell

New York Court of Chancery

Decided October 1, 1838

New York Court of Chancery · decided 1838-10-01

A case of foreclosure. An advertisement was running against some of the defendants ; and the complainant deposed, that he himself was about to leave the state and should not return until after the cause was ready for a hearing. Motion that he be now examined as to any payments.

Decided 1838-10-01

The Vice-Chancellor

¶1considered the application premature. If it were a case that required the examination of the complainant, it could be done at the proper time, even if he were out of the state, by interrogatories through a commission : Rule 76 ; and the cause might even be settled before the usual time to examine the complainant.

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