Irving v. De Kay
This text of 3 Sarat. Ch. Sent. 55 (Irving v. De Kay) 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.
Opinion
The court decided that the proper time for filing a cross-bill, where such a bill is necessary, is at the time of putting in the answer in the original suit, and before the issue is joined by the filing of a replication. And that where the filing of a cross-bill is delayed until after the original suit is at issue, the complainant in such cross-bill will not be entitled to an order staying the proceedings in the original suit, without showing some [56]*56excuse for neglecting to file such bill before the original suit was at issue.
Order appealed from reversed, with costs to be taxed as a part of the general costs of the suit, if the complainants succeed therein.
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3 Sarat. Ch. Sent. 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irving-v-de-kay-nychanct-1843.