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Harrington v. Becker

6 Sarat. Ch. Sent. 53 Court N.Y. Ch. Decision date 1847-01-25 English

Contents

Majority

p. 53
Abraham J. Harrington and wife v. James Becker et al.[1]
M. Fairchild, for defendant Crary ;
C. F. Ingalls, for complainants.

Headnote

Method of SDCGuiniT C3.11SC which has abated-

Application by one of the defendants to dismiss the bill for want of prosecution. The Chancellor decided that where a suit A abates by the death of some of the defendants before decree, the proper course for the survivors, if they wish to speed the cause, is to move for an order that the complainants revive the suit within such time as shall be directed by the court, or that their bill be dismissed with costs.

Motion to dismiss bill denied. Order directing that complainants cause suit to be revived against purchaser within ninety days, or that their bill be dismissed with costs as against the defeudant Crary ; unless the purchaser prevents the revival within that time by getting the usual time to answer the bill of revivor and supplement extended by order.