New York Court of Chancery, 1831

Higbie v. Edgarton

New York Court of Chancery · Decided April 19, 1831

3 Paige Ch. 253

Counsel

J. Blunt, for the complainant, now moved for an attachment, for disobedience to the order., M. T. Reynolds, for the defendant, opposed the motion. And offered to read an affidavit of the defendant, showing that he had sold the property previous" to the receipt of the notice of the former application,'so that it was impossible for him to comply with the order.

Opinion of the Court

The Chancellor

said the defendant should have appeared and opposed "the former application, if he had any reasons to show why the order then asked for should not be made. That if the order was improper, or had been obtained against him through any inadvertence or mistake, his proper course was to apply to open the motion, or to vacate the order.' The attachment was therefore granted; but with liberty to the defendant to apply, at the next motion day, to vacate the former order.

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