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Fay v. Jewett

2 Edw. Ch. 323 Court N.Y. Ch. Decision date 1834-05-12 English

Contents

Majority

p. 323
Fay v. Jewett and another.
May 12th.1834.

Headnote

Exceptions should not be taken to an answer for insufficiency, unless the discovery required would have some bearing upon the point in controversy.

Exceptions to a report allowing exceptions to an answer. The Vice-Chancellor tested the point of sufficiency by the materiality of the matter; and said, exceptions should not be taken for insufficiency unlesss the discovery, when made, would have some bearing upon the point in controvers y.