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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 334   View pdf image (33K)
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3§4 CHASE v. MANHARDT.

injunction was granted as prayed. Some time after the defendants,
having answered, gave notice of a motion to dissolve the injunc-
tion. The particular circumstances of the case sufficiently appear
in the opinions delivered by the Chancellors.

31st March, 1821.—KILTY, Chancellor.—The motion to dissolve
the injunction in this case, came on to be heard according to notice,
and was argued ,by counsel for Manhardt, (the said counsel having
also been made a defendant;) and by the complainant in proper
person.

On considering the bill, answers and exhibits, I am of opinion,
that the equity of the bill is not denied or destroyed; and that the
defendant Manhardt is not entitled to a dissolution of this injunc-
tion. It is apparent from the answer of Manhardt, that he relies
on the verdict, or his statement of the course of law by which the
sum due from the complainant was ascertained, for the amount
thereof; which amount he was clearly mistaken in. His debt
against Bryden was $6654, in 1818; making, with the interest,
$9326 62. But Chase's debt to Bryden could, at most, have been
only $6000, with interest from 1812. And it was admitted in the
argument, that there was a mistake of several hundred dollars by
the jury's finding a verdict for the sum due from Bryden, instead
of the sum due from Chase as garnishee. Manhardt states his
information and belief, that the verdict and judgment at law were
obtained upon a full and fair trial upon competent evidence; and
he denies, that he authorized his counsel to relinquish any part due
on the verdict.

As to the first point, it appears from the answer of J. Purviance,
Esq'r, to which no objection has been made, that the trial was not
a full one, nor in the ordinary course where a serious opposition is
intended; but that he permitted a verdict to be entered for what he
supposed to be the balance of principal and interest; and not
alleging, that he was regularly the counsel of the complainant,
though he was of Bryden.

And as to the second point, J. Purviance states in his answer,
that he was ready to wait on D. Hoffman, Esq'r, counsel for Man-
hardt, to correct any errors, and D. Hoffman states his belief, that
he informed the complainant the excess, if any in the verdict,
would not be claimed; which, as counsel for Manhardt, he had a
right to do. And it appears by his answer, that the verdict was
rendered for the amount supposed to be due, to wit, $6654, prin-
cipal, with interest from 1808, which were the sums due from Bryden

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 334   View pdf image (33K)
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