New York Court of Appeals, 1848

Ellsworth v. Thompson

Ellsworth v. Thompson
New York Court of Appeals · Decided June 15, 1848
4 How. Pr. 445

Ellsworth v. Thompson

Opinion of the Court

This was a case giving a construction to the 80th section of the titlé *446of the Revised Statutes relative to writs of error and appeals; applying it to appeals from orders or decrees of the Court of Chancery, whether made by the chancellor or vice-chancellor.

Also, that a defendant in a foreclosure suit is not entitled to.have set-off against the mortgage debt, an unliquidated claim for damages upon an injunction bond given after suit commenced. (Reported, 1 Barb. Oh. R. 624.)

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