Barnard v. Darling

Sep 1, 1845
Reporters:
,
The Chancellor

decided that it was no objection to the motion to ‍‌‌​​‌‌​​‌‌​‌‌‌‌‌​‌‌‌​‌‌​​​‌‌‌​‌​‌‌​‌‌​‌‌​​​‌​​​​‌​‌‌‌‌​‌‌‌‌​​​​​​​‌​‌​‌‌‌‌​​‌‌​‌‌​‌​​​‌​​​‌‌‌‌​‌‍appoint a receiver that a motion for leave to amend the bill was pending; unless the defect in the bill, which was ‍‌‌​​‌‌​​‌‌​‌‌‌‌‌​‌‌‌​‌‌​​​‌‌‌​‌​‌‌​‌‌​‌‌​​​‌​​​​‌​‌‌‌‌​‌‌‌‌​​​​​​​‌​‌​‌‌‌‌​​‌‌​‌‌​‌​​​‌​​​‌‌‌‌​‌‍sought to be remedied by amendment, was fatal, or was such as to render the bill demurrable. The chancellor also held that ‍‌‌​​‌‌​​‌‌​‌‌‌‌‌​‌‌‌​‌‌​​​‌‌‌​‌​‌‌​‌‌​‌‌​​​‌​​​​‌​‌‌‌‌​‌‌‌‌​​​​​​​‌​‌​‌‌‌‌​​‌‌​‌‌​‌​​​‌​​​‌‌‌‌​‌‍it was no objection to such an application, that notice of a motion to dissolve the injunction had been given. But he ‍‌‌​​‌‌​​‌‌​‌‌‌‌‌​‌‌‌​‌‌​​​‌‌‌​‌​‌‌​‌‌​‌‌​​​‌​​​​‌​‌‌‌‌​‌‌‌‌​​​​​​​‌​‌​‌‌‌‌​​‌‌​‌‌​‌​​​‌​​​‌‌‌‌​‌‍directed the motion for a receiver to stand over, until the defendant could have an opportunity to make his motion, in the ‍‌‌​​‌‌​​‌‌​‌‌‌‌‌​‌‌‌​‌‌​​​‌‌‌​‌​‌‌​‌‌​‌‌​​​‌​​​​‌​‌‌‌‌​‌‌‌‌​​​​​​​‌​‌​‌‌‌‌​​‌‌​‌‌​‌​​​‌​​​‌‌‌‌​‌‍supreme court, to set aside the judgment, and have it decided.