In Chancery. ORDERS. To serve a subpæna upon an attorney. Between (A. B. Complainant, and ON reading and filing the affidavit of E. F. solicitor for the complainant in the above cause, whereby it appears, that diligent search and inquiry hath been made after the defendant, but he cannot be met with, to be personally served with a subpoena issued out of this court at the complainant's suit, neither can his habitation or place of abode be discovered; it is thereupon ordered, that leaving with the defendant's attorney at law be deemed a good service on said defendant, whereby to compel him to appear to, and answer the complainant's bill. Order to add a defendant to a bill. In Chancery. Between A. B. Complainant, Having taken into consideration the complainant's petition for the reasons therein contained, and on reading and filing the same, it is ordered, that the said complainant be at liberty to insert in his bill the name of with apt words to charge him as a de On reading and filing a petition presented by E. F. the solicitor of C. D. an infant, one of the defendants in this cause, wherein it is alleged, that the said C. D. being served with process to appear to, and answer the complainant's bill has appeared thereto, but cannot answer the same without having a guardian assigned for that purpose, and on reading the consent of J. C. to become such guardian ad litem, annexed to the said petition, it is ordered that the said J. C. be the guardian of the said C.D. the infant defendant, by whom he may answer and defend this suit. In Chancery. Order to set down a demurrer. Between A. B. Complainant, C. D. Defendant. On motion of E. F. solicitor for the complainant in this cause, it is ordered, that the demurrer put in by the defendant to the complainant's bill, be set down to be argued at the next June term of this court, to be held in the city and county of New-York. In Chancery. Order to overrule a demurrer. Between A. B. Complainant, The matter upon the demurrer, put in by the defendant to the complainant's bill coming on this day, to be heard before his honor the Chancellor, on hearing, and considering what could be alledged on either side, it is ordered that the defendant do answer the complainant's bill, and that the demurrer do stand over-ruled. Order to dissolve an injunction unless cause. In Chancery. Between A. B. Complainant, C. D. Defendant. Whereas the complainant obtained an injunction for stay of the defendant's proceedings at law, for the matters here in question, until the defendant should directly answer the complainant's bill, and this court take other order to the contrary; and upon motion of G. H. of counsel for the defendant, alleging that the defendant hath since put in a full and perfect answer to the complainant's bill, and thereby denied the whole equity thereof: and, therefore, praying that the said injunction do stand absolutely dissolved, it is ordered accordingly, unless the complainant having days notice hereof, shall on next, show good cause to the contrary. the day of Forasmuch, as this court was this present day informed by E. F. counsel for the complainant, that the defendant, being served with process to appear to and answer the complainant's bill, doth refuse so to do, but remains in contempt to an attachment for want thereof, on which he hath been arrested, and is now a prisoner in the of the city and county of New-York, it is thereupon ordered, that a habeas corpus be directed to the sheriff of the city and county of New-York, aforesaid, at the return thereof, to bring the body of the said defendant to the bar of this court to answer the said contempt; whereupon such further order shall be made as shall be just. Order to refer the cause to a new master, the former being superseded: In Chancery. It being stated to the court on the part of the complainant, that H. G. Esq. late one of the masters of this honorable court, to whom, by an order of this court, dated this seventeenth day of June, one thousand eight hundred and fifteen, it was referred to proceed in taking and stating an account, and to report upon the matters origipally undertaken by N. F. Esq. as directed by a decretal order made in this cause, on the sixth day of July, one thousand eight hundred and fourteen, had proceeded to execute the duties required by the said orders, but that before the completion of the same, the said H. G. had been superseded in the further exercise of the said office: it is thereupon, and on motion of Mr. solicitor for the com plainant ordered, that the testimony taken in the said cause, so far as the same may have been reduced to writing, and all the papers and exhibits in the possession of the said late master, relating to the subject matter of the said reference be by him handed over to J H. Esq. one of the masters of this court, together with a statement of his proceedings in the said reference, and that the said J. H. do thereupon proceed to take and state the account, and to report upon the matters required by the said order of the sixth day of July, one thousand eight hundred and fourteen, and by all subsequent orders made in this cause by this honorable court. Order for rehearing, and further directions to the master on a reference. In Chancery. Between (A. B. Complainant, A petition having been presented to the court on the part of the defendant, praying for a rehearing of this cause, and the subject matter of the said petition having been debated by Messrs. for the defendant, and Messrs. for the complainant, it is ordered, that the said cause be reheard as to that part of the decretal order made in this cause on the sixth day of July last past, which directs that the master to whom certain matters are referred by the said decretal order, report what shall be deemed a reasonable rent for the store house, and lot of ground on which it stands mentioned in the pleadings in this cause. And upon such rehearing this day, it is further ordered, that the master in addition to the matters referred to him by the said decretal order, shall also ascertain and report to this court, whether the defendant did not some time, and when, convey to the complainant, an undivided half part of the said store house, and lot of ground, and if such conveyance from the defendant to the complainant was not executed, then, whether such conveyance was not prepared and intended to have been executed, or was or not considered, by the parties as executed and whether they did or not act in relation to the said premises as though such convey'ance had been executed, and the reasons, if any, why it was not in fact executed, with the circumstances attending the same, and that each party be at liberty to offer evidence to the master upon that subject, and shall be examined by the master, if required by the other party, on proper interrogatories thereupon, and that the master report such evidence to this court specially, that the same may be before the court for its final decree in the cause. Order to retract and cancel an admission made by the complainant's solicitor. In Chancery. A. B. Complainant, Between and On reading and filing a notice of a motion to retract and withdraw a certain admission made in writing in the above cause, and signed by Esq. solicitor for the complainant, on the fifth day of January last, and referred to in the said notice and affidavit, and that the same should be cancelled and held for nought, and on reading and filing the affidavit of the complainant, and the affidavits of on the part of on the for the com part of the defendant and the subject matter of the said notice, and affidavits having been debated by plainant, and for the defendant, it is ordered that the aforesaid admission be retracted, or withdrawn and held for nothing, as having been made by mistake and misapprehension, and that the same be delivered up by the defendant's solicitor to the complainant's solicitor to be cancelled. Upon opening of the matter this day unto this court by being of counsel for the complainant, it was alleged that the com H |