Jackson v. Edwards

New York Court of Chancery

Jackson v. Edwards

2 Edw. Ch. 582, 1836 N.Y. LEXIS 256, 1836 N.Y. Misc. LEXIS 21

DecidedMarch 8, 1836

StatusPublished

This text of 2 Edw. Ch. 582 (Jackson v. Edwards) 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

Jackson v. Edwards, 2 Edw. Ch. 582, 1836 N.Y. LEXIS 256, 1836 N.Y. Misc. LEXIS 21 (N.Y. 1836).

Pincite

Opinion

The Vice-Chancellor

said, that the taking the bill pro confesso upon the original order was irregular. Where a bill is amended before answer and after appearance, it is necessary to enter a new order to answer the bill as amended, and the complainant, in such a case, cannot take advantage of the original order. The practice is properly laid down by Mr. Hoffman in his Practice, v. 1, p. 297.

Note.—There were pecularities in the present case which caused the court not to give costs.

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The Vice-Chancellor

said, that the taking the bill pro confesso upon the original order was irregular. Where a bill is amended before answer and after appearance, it is necessary to enter a new order to answer the bill as amended, and the complainant, in such a case, cannot take advantage of the original order. The practice is properly laid down by Mr. Hoffman in his Practice, v. 1, p. 297.

Note.—There were pecularities in the present case which caused the court not to give costs.

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Bluebook (online)

2 Edw. Ch. 582, 1836 N.Y. LEXIS 256, 1836 N.Y. Misc. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-edwards-nychanct-1836.