Van Bergen v. Van Bergen

New York Court of Chancery

Van Bergen v. Van Bergen

2 Johns. Ch. 272, 1816 N.Y. LEXIS 206, 1816 N.Y. Misc. LEXIS 3

CourtNew York Court of Chancery

DecidedDecember 5, 1816

StatusPublished

Cited by9 cases

This text of 2 Johns. Ch. 272 (Van Bergen v. Van Bergen) 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

Van Bergen v. Van Bergen, 2 Johns. Ch. 272, 1816 N.Y. LEXIS 206, 1816 N.Y. Misc. LEXIS 3 (N.Y. 1816).

Pincite

Opinion

The Chancellor.

I have no doubt of the jurisdiction cases private can them to be abated, as well as restrain them from being erected. (Coulson v. White, 3 Atk. 21. East India Co. v. Vincent, 2 Atk. 83.) But this is not to be done until the opposite party has been heard. Lord Hardwicke said, in the case of Ryder v. Bentham, (1 Vesey, 543.) that the Court never makes an order, on motion, to pull down any thing, though it will, sometimes, on motion,' order a thing going on to be stayed.

Motion denied.

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The Chancellor.

I have no doubt of the jurisdiction cases private can them to be abated, as well as restrain them from being erected. (Coulson v. White, 3 Atk. 21. East India Co. v. Vincent, 2 Atk. 83.) But this is not to be done until the opposite party has been heard. Lord Hardwicke said, in the case of Ryder v. Bentham, (1 Vesey, 543.) that the Court never makes an order, on motion, to pull down any thing, though it will, sometimes, on motion,' order a thing going on to be stayed.

Motion denied.

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Bluebook (online)

2 Johns. Ch. 272, 1816 N.Y. LEXIS 206, 1816 N.Y. Misc. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-bergen-v-van-bergen-nychanct-1816.

Opinion

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