Mix v. Mackie

New York Court of Chancery

Mix v. Mackie

2 Edw. Ch. 426, 1835 N.Y. LEXIS 279, 1835 N.Y. Misc. LEXIS 4

DecidedFebruary 2, 1835

StatusPublished

This text of 2 Edw. Ch. 426 (Mix v. Mackie) 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

Mix v. Mackie, 2 Edw. Ch. 426, 1835 N.Y. LEXIS 279, 1835 N.Y. Misc. LEXIS 4 (N.Y. 1835).

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Opinion

The Vice-Chancellor:

A party cannot notice a cause For hearing by anticipation. If a suit be waiting for a report, it cannot, merely because such report will be obtained before the cause can be heard, be put upon a calendar for a hearing. Such a thing can certainly not be done except by consent of all parties. The defaults must be set aside ; but, inasmuch as the party applying had notice of hearing and saw how the cause stoo.d at a certain number upon the calendar, he should have attended whep it was called, and then moved that it be stricken off or placed at the bottom. No costs, therefore, given.

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The Vice-Chancellor:

A party cannot notice a cause For hearing by anticipation. If a suit be waiting for a report, it cannot, merely because such report will be obtained before the cause can be heard, be put upon a calendar for a hearing. Such a thing can certainly not be done except by consent of all parties. The defaults must be set aside ; but, inasmuch as the party applying had notice of hearing and saw how the cause stoo.d at a certain number upon the calendar, he should have attended whep it was called, and then moved that it be stricken off or placed at the bottom. No costs, therefore, given.

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Bluebook (online)

2 Edw. Ch. 426, 1835 N.Y. LEXIS 279, 1835 N.Y. Misc. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mix-v-mackie-nychanct-1835.