Reports of Cases Adjudged in the Court of Chancery of New York

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ilep. 735.
Mitchell, Buel and Cushman, contra. They cited 2 /oAws. Ch. Rep. 463. 1 Johns. Ch. Rep. 318. 9 Johns.
Rep. 512. 2 Uow's ilep. 519. Cooper's Rep. 77. 19 Johns. Rep. 259. 4 JoAms. Ch, Rep. 497. £rfen ow In- ivmctions, 107. 113. 139. 140. Laws of New-York, sess.
40. ch. 196.
The Chancellor. This is the case of an appe3l from -^"/y 2a an interlocutory decree of the circuit judge, for the third circuit, sitting in equity, pronounced on the 21st of July instant, and by which decree, the in
...junction, allowed on the 15th instant, is continued until the hearing. The rea- sons assigned in the order for the continuance of the in- junction, are, that the injury complained of in the bill ■f irreparable in its nature, and the matter set up in the answer insufficient for the justification of the de- fendants.
Under the 15th section of the judicial act of the last ses- sion, (sess. 46. ch. 182.) an appeal lies from an interloc- utory decree of a circuit judge, provided the judge certi- fies that such decree involves the merits of the cause, and that there may be ground for appealing- The requisite certificate was given in this case ; and as the chancellor is directed, by the act, " to hear and decide such appeal in a summary manner," I allowed the cause to be set down forthwith for hearing, upon what was deemed reasonable notice to the parties, under the circumstances of the case.


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