Dringer v. Jewett
| Decision Date | 17 April 1888 |
| Citation | 13 A. 664,43 N.J.E. 701 |
| Parties | DRINGER v. JEWETT. |
| Court | New Jersey Supreme Court |
Appeal from court of chancery.
Bill brought by Sigmund Dringer, the appellant, against Hugh J. Jewett, receiver of the Erie Railway, respondent, for relief on the ground of fraud, against a decree entered in the court of chancery on the mandate of the court of errors and appeals. Respondent demurred to the bill for want of equity, and the demurrer was. sustained on the ground that the allegations of the bill, if true, were insufficient to entitle complainant to the relief sought. Complainant appealed.
L. McCarter, for appellant. Cortlandt Parker, for respondent.
This court is of opinion that the laches of the appellant in seeking a remedy for the alleged frauds of which he complains was so great as of itself to justify the decree against him in the court of chancery. It has not been thought necessary to consider the appeal in any other aspect. Let the decree be affirmed.
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Smith v. Stone
...laches in bringing an action may be raised by demurrer. (Speidel v. Henrici, 120 U.S. 377; Wilson v. Wilson (Or.), 69 P. 923; Dringer v. Jewett (N. J.), 13 A. 664; Fogg v. Price (Mass.), 14 N.E. 740; Phillips Piney C. & C. Co. (W. Va.), 44 S.E. 774; Taylor v. Slater (R. I.), 41 A. 1001; Lea......
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United States v. Spohrer
... ... The ... proposition thus announced was laid down by that eminent ... equity jurist, Vice Chancellor Van Fleet, in Dringer v ... Receiver of Erie Railway, 42 N.J.Eq. 573, 581, 8 Atl ... 811, affirmed in Dringer v. Jewell, 43 N.J.Eq. 701, ... 13 A. 664, in the ... ...
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Strong v. Strong
...public policy. Tomkins v. Tomkins, 11 N.J.Eq. 512; Dringer v. Receiver of Erie Railway, 42 N.J.Eq. 573, 8 A. 811, affirmed Dringer v. Jewett, 43 N.J.Eq. 701, 13 A. 664; Miller v. McCutcheon, 117 N.J.Eq. 123, 130, 175 A. 155, 95 A.L.R. 702. Open the doors and welcome them and posterior ideas......
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Gray v. Cholodenko
...of all courts, procured by fraud. Dringer v. Erie Railway, 42 N.J.Eq. 573, 577, 8 A. 811 (Ch.1887), affirmed Dringer v. Jewett, 43 N.J.Eq. 701, 13 A. 664 (E. & A.1887); Restatement of Judgments §§ 112--130; Moore, 55 Yale L.J. 623, 653 However the Court of Chancery--by way of exception to t......