Johnson v. Swart

New York Court of Chancery

Johnson v. Swart

11 Paige Ch. 385

DecidedJanuary 7, 1845

StatusPublished

This text of 11 Paige Ch. 385 (Johnson v. Swart) 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

Johnson v. Swart, 11 Paige Ch. 385 (N.Y. 1845).

Pincite

Opinion

The Chancellor

said, that if these objections to the master’s execution of the reference were valid, they should have been made before such master had heard and decided the matters pending before him upon the reference. He said a party could not lie by, and take the chance of a report in his favor, and then avail himself of an objection of this kind, when he found the report was adverse to his interest; and that it was also too late to object to the regularity of a report after the defendant had excepted to such report.

Free access — add to your briefcase to read the full text and ask questions with AI

The Chancellor

said, that if these objections to the master’s execution of the reference were valid, they should have been made before such master had heard and decided the matters pending before him upon the reference. He said a party could not lie by, and take the chance of a report in his favor, and then avail himself of an objection of this kind, when he found the report was adverse to his interest; and that it was also too late to object to the regularity of a report after the defendant had excepted to such report.

Cite This Page — Counsel Stack

Bluebook (online)

11 Paige Ch. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-swart-nychanct-1845.