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4 Johns. Ch. 25

Fellows v. Fellows

New York Court of Chancery

Decided March 29, 1819

New York Court of Chancery · decided 1819-03-29

UPON the coming in of the defendant’s answer, Foot, for the defendant, moved to dissolve the injunction which had been issued in this cause, on the ground, that the answer denied the equity of the bill, and especially, that the , injunction ought to be dissolved as against Martin Adsit, Raymond Adsit, and Jesse Adsit, who were no parties to the bill, and who were enjoined from the payment of certain notes given by them to the defendant. He cited 7 Fes. 257. Iveson v. Harris.

Good law ✅— No negative treatment on recordhow we know

Decided 1819-03-29

How this case has been cited

Cited by 5 later decisions — most recently August 2023

1 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor.

¶1The doctrine in the case cited, is correct and applicable. “ I find,” said Lord Eldon, “ the Court has adhered very closely to the principle, that you cannot have an injunction, except against a party to the suit. Upon a review of all the cases, I think the practice of granting an injunction against a creditor, who is not a party, is wrong. The Court has no right to grant an injunction against a person whom they have not brought, or attempted to bring, before the Court, by subpoena. I have no conception, that it is competent to this Court to hold a man bound by an injunction, who is not a party in the cause, for the purpose of the cause.” I shall, accordingly, dissolve the injunction as against those persons who were not made parties to the suit. A purchaser was restrained, in the case of Green v. Lowes, (3 Bro. 217.) from paying *26the purchase money, on a bill by the creditors of the vendor, but the purchaser was made a party.

¶2• Order accordingly.

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