Higbie v. Edgarton

New York Court of Chancery

Higbie v. Edgarton

3 Paige Ch. 253

New York Court of Chancery·Decided April 19, 1831·Published·Cited by 2 cases

Opinion

The Chancellor

said the defendant should have appeared and opposed "the former application, if he had any reasons to show why the order then asked for should not be made. That if the order was improper, or had been obtained against him through any inadvertence or mistake, his proper course was to apply to open the motion, or to vacate the order.' The attachment was therefore granted; but with liberty to the defendant to apply, at the next motion day, to vacate the former order.

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The Chancellor

said the defendant should have appeared and opposed "the former application, if he had any reasons to show why the order then asked for should not be made. That if the order was improper, or had been obtained against him through any inadvertence or mistake, his proper course was to apply to open the motion, or to vacate the order.' The attachment was therefore granted; but with liberty to the defendant to apply, at the next motion day, to vacate the former order.

Higbie v. Edgarton, 3 Paige Ch. 253 (N.Y. 1831).

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Opinion

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