Hope v. Brinckerhoff

New York Court of Chancery

Hope v. Brinckerhoff

3 Edw. Ch. 445, 1841 N.Y. LEXIS 480, 1841 N.Y. Misc. LEXIS 15

DecidedJanuary 5, 1841

StatusPublished

This text of 3 Edw. Ch. 445 (Hope v. Brinckerhoff) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hope v. Brinckerhoff, 3 Edw. Ch. 445, 1841 N.Y. LEXIS 480, 1841 N.Y. Misc. LEXIS 15 (N.Y. 1841).

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Opinion

The Vice-Chancellor :

The cases cited settle the point conclusively, that it is not sufficient to aver, as in this instance, a residence at the time of swearing to the bill. It must show affirmatively that the defendant resided in the county to which thefi.fa. issued (out of the Supreme Court) at the time it was so issued.

Demurrer allowed, with costs; but let the complainant have leave to amend the bill on payment of costs.

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The Vice-Chancellor :

The cases cited settle the point conclusively, that it is not sufficient to aver, as in this instance, a residence at the time of swearing to the bill. It must show affirmatively that the defendant resided in the county to which thefi.fa. issued (out of the Supreme Court) at the time it was so issued.

Demurrer allowed, with costs; but let the complainant have leave to amend the bill on payment of costs.

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Bluebook (online)

3 Edw. Ch. 445, 1841 N.Y. LEXIS 480, 1841 N.Y. Misc. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hope-v-brinckerhoff-nychanct-1841.