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Van Bergen v. Van Bergen
2 Johns. Ch. 272
New York Court of Chancery
1816
Check Treatment
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.

Case Details

Case Name: Van Bergen v. Van Bergen
Court Name: New York Court of Chancery
Date Published: Dec 5, 1816
Citation: 2 Johns. Ch. 272
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