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4 Sarat. Ch. Sent. 384

Cromwell v. Cunningham

New York Court of Chancery

Decided December 3, 1846

New York Court of Chancery · decided 1846-12-03

This was a suit to foreclose a mortgage on lands situate in the county of Kings, in the second judicial circuit. None of the defendants resided in the first circuit. The solicitor,. not adverting to the act of May 13, 1846, (Laws of 1846, p. 468,) by which the county of Kings was set off to the second circuit, from the first circuit, (of which it had been a part for twenty years and upwards,) filed his bill in the first circuit, before the vice-chancellor.

Decided 1846-12-03

The Vice-Chancellor.

¶1The mortgaged premises are in the county of Kings, in the second judicial circuit, and all the defendants reside there. And it is a conceded point, that this court has no jurisdiction of the suit. It is nevertheless insisted by the complainant, that the difficulty may be remedied, by introducing a party as a defendant, who resides in the circuit, and he moves to amend his bill accordingly.

¶2I am satisfied that this cannot be accomplished. Having no jurisdiction of the suit, the parties, or the subject matter, as the case now stands ; I have no right to make any order whatever in the suit. An order of mine, granting the complainant leave *385to amend, would be just as null and ineffectual, as are the orders and the decree already made in the cause, before the defect of jurisdiction was discovered.

¶3The motion must be denied.

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