Leggett v. Boorum

New York Court of Chancery

Leggett v. Boorum

2 Edw. Ch. 630, 1836 N.Y. LEXIS 260, 1836 N.Y. Misc. LEXIS 1

DecidedNovember 21, 1836

StatusPublished

This text of 2 Edw. Ch. 630 (Leggett v. Boorum) 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

Leggett v. Boorum, 2 Edw. Ch. 630, 1836 N.Y. LEXIS 260, 1836 N.Y. Misc. LEXIS 1 (N.Y. 1836).

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Opinion

The Vice-Chancellor:

This case appears to fall within the rule laid down in Smets v. Williams, 4 Paige’s C. R. 367, and exonerates the complainants from paying the defendant’s costs on dismission of the bill. Some specific property, namely, household furniture, is pointed out which the [631]*631complainants had some reason to believe might be applicable to their judgment, but which was afterwards swept off by a landlord’s warrant, it was sold for more than one hundred dollars. The complainants are willing to have their bill dismissed ; and, under the circumstances, they are entitled to have it dismissed, each party paying their own costs.

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The Vice-Chancellor:

This case appears to fall within the rule laid down in Smets v. Williams, 4 Paige’s C. R. 367, and exonerates the complainants from paying the defendant’s costs on dismission of the bill. Some specific property, namely, household furniture, is pointed out which the [631]*631complainants had some reason to believe might be applicable to their judgment, but which was afterwards swept off by a landlord’s warrant, it was sold for more than one hundred dollars. The complainants are willing to have their bill dismissed ; and, under the circumstances, they are entitled to have it dismissed, each party paying their own costs.

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Bluebook (online)

2 Edw. Ch. 630, 1836 N.Y. LEXIS 260, 1836 N.Y. Misc. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leggett-v-boorum-nychanct-1836.