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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 625   View pdf image (33K)
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THE CAPE SABLE COMPANY'S CASE. 625
amount; and from time to time incurred heavy responsibilities in
order to carry on the works.
Annexed to this report there was an agreement, signed by the
solicitors of the parties, in which it is said, that it is agreed, that
the injunctions heretofore issued in the cases of the same plaintiffs
against Robert Oliver and others, be dissolved, and all the bills be
dismissed. The question of costs alone is submitted to the Chan-
cellor without argument.
8th March, 1828. —BLAND, Chancellor. —The said case, the bill
filed on the 6th of August, 1822, together with the two others
mentioned in the agreement of the parties this day filed, having
been submitted according to the terms of the said agreement; and
it appearing, that the complainants had in fact no just cause for
filing the said bills.
It is thereupon Decreed, that the injunctions heretofore awarded
in the said several cases, be and the same are hereby dissolved.
And it is further Decreed, that the several bills of complaint of the
said complainants, be and they are hereby dismissed with costs, to
be taxed by the register.
Soon after which the plaintiffs, by their petition, stated, that
their three bills and cases, though not properly consolidated, relate
to the same subject matter, are intimately connected, and have
been prosecuted together. They were heard together; and the
first case referred to the auditor with directions to state an account,
and the decision of the others reserved. That the agreement, un-
der which the decree of the 8th instant was passed, was hastily
and inadvertently entered into by one of the solicitors of the plain-
tiffs; that, in consequence of that decree, executions may shortly
be issued against the property of The Cape Sable Company, in
which these plaintiffs are concerned, and their interests sacrificed.
Whereupon they prayed, that those cases might be reinstated, &c.
( 14th March, 1828. —BLAND, Chancellor, —On consideration of
the foregoing petition, and the representation of the solicitors; it
is Ordered, that the said decree of the eighth instant be, and the
same is hereby suspended; and the said injunctions heretofore
granted in the said cases, are reinstated until further order. Pro-
vided, that no cause be shewn to the contrary on the fourth day of
April next, or any earlier day, that may be agreed on between the
solicitors of the parties. And provided, that a copy of this order,
together with a copy of the foregoing petition, be served on the
79 v. 3


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 625   View pdf image (33K)
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