Manchester v. Dey

Citations

• 6 Paige Ch. 295
• 1837 N.Y. LEXIS 275
• 1837 N.Y. Misc. LEXIS 74

Syllabus

<p>Although an answer on oath is waived by the complainant, the defendant, as in other cases, is entitled to the dissolution of an injunction upon a sworn answer denying the whole equity of the bill, unless the allegations in the bill are supported by the affidavit of a credible and disinterested witness, in conformity to the 37th rule.</p> <p>Upon an application to dissolve an injunction upon bill and answer, the defendant’s answer is entitled to the same credit as the complainant’s bill. It therefore makes no difference on such an application that the bill is supported by the oaths of several complainants.</p> <p>Where a complainant, upon obtaining an injunction to stay proceedings at law after judgment, has given security to pay the debt and costs, instead of carrying the amount of the judgment into court, the defendant is entitled to a dissolution of the injunction upon his answer denying the whole equity of the bill.</p> <p>But if the amount of the judgment has been brought into court, and has been taken out by the defendant upon security to refund in case the complainant succeeds in the suit, the injunction will be continued to the hearing, although the equity of the bill is denied in the answer.</p> <p>And it seems that the injunction may be continued to the hearing when the amount of the judgment is brought into court, although the defendant neglects to take out the money upon the usual security to refund if it should afterwards appear that he was not entitled to the same.</p>