that respond respondent answer the petition of appeal within eight 3. Motion days after service of a copy of the petition of ap-ent answer. peal and order; and the rules of this court require, where the respondent shall not have entered an appearance by solicitor, that all rules and notices shall swer to the pe be served on the respondent in person. The answer 4 of the an to the petition of appeal is very general; it confesses tition, the making of the decree complained of by the apellant, refers thereto when produced, and insists that the decree is agreeable to equity, and that it ought to be affirmed. If the respondent should fail to put in his answer within the time required, the court, on proof of due service of a copy of the order requiring the answer to be filed, would probably proceed to pronounce a decree in favor of the appellant by the default of the opposite party, and to reverse the decree made in the court below upon the points embraced in the appeal. Order that appellant file his petition of appeal. In the court for the trial of impeachments and the correction of errors, held at the city of Albany, on the day of January, 1818, Present John Taylor, Esq. president of the senate, and a majority of the senators. dent, it is ordered, that the appellant file his petition of appeal within eight days after service of a copy of this order, or that such petition of appeal be not received. (A copy.) J. B. Clerk. Form of petition of appeal. In the court for the trial of impeachments and the correction of errors. To the Honourable the President of the Senate, the Senators and Judges of the Supreme Court of the state of New-York, in the court for the trial of impeachments and the correction of errors. The petition and appeal of the above named appel. lant, respectfully sheweth: in the year That on or about the of our Lord day of the respondent exhibited his bill of complaint in the Court of Chancery, of this state, against your petitioner, to be relieved touching certain matters there in complained of. That your petitioner filed his answer to the said bill of complaint, to which answer the respondent replied: And your petitioner further sheweth, that the said cause having been brought to a hearing before his Honor the Chancellor, in term, in the year , a certain decretal order or decree was made day of by his Honor the Chancellor, on the respondent, in the manner particularly mentioned in the said decretal order or decree. And your petitioner further sheweth, that A. B. Esq. one of the masters of this honourable court, having made his report pursuant to the said orders, bearing date the day of your petitioner filed cer tain exceptions thereto. And your petitioner further sheweth, that the said exceptions having been brought on to be argued, and the said cause having been brought to a hearing for further directions upon the said report in term, in the year on the day of , his Honor the Chancellor, made a certain decretal or der or decree in the said cause, whereby it is ordered, adjudged and decreed, that the exceptions taken by your petitioner be overruled and disallowed, and that the said report be confirmed in all things; that your petitioner pay to the respondent the sum of dollars, and his costs to be taxed; that the respondent have execution thereof; that interest be added to the amount decreed, and that the respondent have execution thereof. And your petitioner being advised that the following parts of the said decretal order or decree, made on the said day of are erroneous, viz. all that part thereof whereby it is ordered, adjudged and decreed, that the first exception, the third exception, and the seventh exception, taken by your petitioner to the said report of the said day of dated the said (the master,) be overruled and disallowed; and also all that part thereof which arises from, and is in consequence of, the said exceptions being overruled and disallowed; and by reason of your petitioner being ordered, adjudged and de order to an creed, to pay the respondent the costs of the said suit First. Because the said exceptions last above men- day of ought to Second. Because your petitioner ought not to have been decreed to pay the respondent the costs of the said suit to be taxed. And your petitioner prays that a short day may be appointed for the respondent to answer all and singular the premises before your Honors; and that all those parts of the said decretal order or decree above mentioned hereby appealed from may be reversed with costs; or such other relief granted your petitioner as to your Honors shall seem meet. And your petitioner will ever pray, &c. Dated the January, 1818. E. F. Sol'r. for Appellant. L. M. day of N. O Of Counsel for Appellant. Order that respondent answer the petition of appeal. 7. Form of In the court for the trial of impeachments and the corswer the peti- rection of errors, held at the city of Albany, tion of appeal. Present John Taylor, Esq. president of the senate, and a majority of the senators. In Chancery. C. D. VS. A. B. On reading and filing the petition of appeal filed in this cause, and on notion of Mr. L. M. of counsel for the appellant, it is ordered that the said respondent appear and answer the said petition within eight days after service of a copy of this order, or that the said appellant have judgment. (A Copy.) J. B. Clerk. Form of answer to the petition of appeal. In the court for the trial of impeachments and the cor- 8. Form of an rection of errors. The answer of A. B. respondent, to the petition of appeal of C. D. appellant. The respondent not confessing or acknowledging all or any of the matters or things to be true as in and by the said petition of appeal are contained and set forth, for answer thereunto says, that he believes it to be true that such decretal order and decree as are complained of by the appellant was and were made by the Court of Chancery as in the said petition of appeal is set forth, but as to the date, substance, and contents thereof, this respondent humbly craves leave to refer thereto when the same shall be produced. And the said respondent is advised and believes that the said decretal order and decree are agreeable to equity and justice, and he therefore humbly prays that the same may be affirmed, and that the said petition of appeal swer to the petition of ap |