Chauncey v. Lawrence
This text of 15 Abb. Pr. 106 (Chauncey v. Lawrence) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is certainly a question admitting inquiry, whether section 84 in the article of the Revised Statutes, relative to the powers and proceedings of the court upon bills of foreclosure (2 Rev. Stat., 191, § 154), remains in force. The editors of the fifth edition manifestly were of opinion that this section is no longer in existence; and although it may be possible, and even probable, that they err in this supposition, several sections in the Code seem to make such a supposition plausible. At all events, it admits of a question, and demands inquiry. This being the case, a demurrer based on such a supposition cannot be deemed palpably frivolous. The order should be reversed.
Order reversed, with $10 costs.
Present, Ingraham, P. J., Barnard and Clerke, JJ.
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15 Abb. Pr. 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chauncey-v-lawrence-nysupct-1862.