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3 Sarat. Ch. Sent. 55

Irving v. De Kay

New York Court of Chancery

Decided August 15, 1843

New York Court of Chancery · decided 1843-08-15

<p>Crogs.W)1 at ¾⅞*time 1<> b*</p>

Decided 1843-08-15

¶1The court decided that the proper time for filing a cross-bill, where such a bill is necessary, is at the time of putting in the answer in the original suit, and before the issue is joined by the filing of a replication. And that where the filing of a cross-bill is delayed until after the original suit is at issue, the complainant in such cross-bill will not be entitled to an order staying the proceedings in the original suit, without showing some *56excuse for neglecting to file such bill before the original suit was at issue.

¶2Order appealed from reversed, with costs to be taxed as a part of the general costs of the suit, if the complainants succeed therein.

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