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4 How. Pr. 445

Ellsworth v. Thompson

New York Court of Appeals

Decided June 15, 1848

New York Court of Appeals · decided 1848-06-15

<p>.—Decree affirmed. Submitted upon printed arguments and points.</p>

Decided 1848-06-15

¶1This was a case giving a construction to the 80th section of the titlé *446of the Revised Statutes relative to writs of error and appeals; applying it to appeals from orders or decrees of the Court of Chancery, whether made by the chancellor or vice-chancellor.

¶2Also, that a defendant in a foreclosure suit is not entitled to.have set-off against the mortgage debt, an unliquidated claim for damages upon an injunction bond given after suit commenced. (Reported, 1 Barb. Oh. R. 624.)

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