Tuthill v. Lupton

New York Court of Chancery

Tuthill v. Lupton

1 Edw. Ch. 564, 1833 N.Y. LEXIS 197, 1833 N.Y. Misc. LEXIS 9

CourtNew York Court of Chancery

DecidedFebruary 19, 1833

StatusPublished

Cited by2 cases

This text of 1 Edw. Ch. 564 (Tuthill v. Lupton) 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

Tuthill v. Lupton, 1 Edw. Ch. 564, 1833 N.Y. LEXIS 197, 1833 N.Y. Misc. LEXIS 9 (N.Y. 1833).

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Opinion

The Yice-Chancbllgh,

This motion cannot be granted. The court is not in the habit of ordering an advance out of the fund in dispute for the purpose of feeding litigation: Tillotson v. Crook, 4. Mad. C. R. 172 ; 2 Simons, 40.

The complainant has acquired a prima facie lien on this money ; and,’ in order to upset it, the defendant must rely upon his subsequent earnings for the means of making his defence. These are secured to him by the general charity included in the 195th rule of the court; and they are all he can have.

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The Yice-Chancbllgh,

This motion cannot be granted. The court is not in the habit of ordering an advance out of the fund in dispute for the purpose of feeding litigation: Tillotson v. Crook, 4. Mad. C. R. 172 ; 2 Simons, 40.

The complainant has acquired a prima facie lien on this money ; and,’ in order to upset it, the defendant must rely upon his subsequent earnings for the means of making his defence. These are secured to him by the general charity included in the 195th rule of the court; and they are all he can have.

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Bluebook (online)

1 Edw. Ch. 564, 1833 N.Y. LEXIS 197, 1833 N.Y. Misc. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuthill-v-lupton-nychanct-1833.

Opinion

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