Wood v. Hathaway

2 Sarat. Ch. Sent. 12 Court N.Y. Ch. Decision date 1842-03-15 English

Contents

Majority

p. 12

David Wood v. Luther Hathaway.

Headnote

Demurrer to bill.

S. Beardsley, for complainant;

T. Jenkins, for defendant.

Decided that in a case where the complainant is entitled to discovery, although not to any relief, a general demurrer to the whole bill cannot be sustained, although the bill prays relief as well as discovery.

Decision of the vice chancellor affirmed with costs; and proceedings remitted.