Oliver Ellsworth

Name: New York v. Connecticut
Author: Oliver Ellsworth

New York v. Connecticut

Summary

“New York v. Connecticut”, is a work by Oliver Ellsworth. It explores elements such as New-York, suits and injunction.

Quotes from New York v. Connecticut (Oliver Ellsworth)

Oliver Ellsworth, New York v. Connecticut

“ It is true, however, that the right of the state of New-York cannot be affected by a decision in the Cir-cuit Court; but till that right is lawfully settled, the number of suits, by individuals, must be indefinitely great; and merely to avoid a multiplicity of suits, to cut off, by one decision, various sources of strife and litigation, is a substantive ground for the exercise of a chancery juris-diction. ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ It is a fundamental principle of the law of nature and of nations, that every government is bound to preserve peace and order, to protect individu-als, to indemnify those who trust to its faith, and to pre-vent a dismemberment of its territory. This political and moral obligation, enforced by a regard to her public im-provements, and fiscal operations, creates an interest of the highest character in the government of New-York; and such as the Court will cherish will all its benevo-lence and authority. ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ Hoffman, (the attorney-general of New-York) contended that the notice was reasonable in relation to its present object; though it might not be sufficient for re-quiring the defendant to put in an answer, or demurrer, to the bill. The injunction prayed for, is not a perpetual one, but only till answer, and further order of the Court. Nor ought the section of the act of congress to be ex-tended by construction; for, a universal application of the rule, would be unreasonable, and, in many cases, enable the party to defeat the very purpose of an injunction. ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ The difficulties of the case are obvious to all; and, unless the present remedy is applied, the difficulties will dangerously in-crease. If the lands are not in Connecticut, the ejectments are coram non judice. If they are not in New-york, suits there would be equally objectionable. Neither state will be satisfied, however, by the judgment of a Court held in the other ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ The prohibition con-tained in the statute, that writs of injunction shall not be granted, without reasonable notice to the adverse party, or his attorney, extends to injunctions granted by the Supreme Court, or the Circuit Court, as well to those that may be granted by a single Judge. ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ But this Court has a constitu-tional jurisdiction on a question of boundary between states; and, upon such an occasion, will be eager to exercise it. The interest of New-York, too, is sufficient to justify the exercise of it, upon her application. The right and possession of a sovereign state, are not to be treated like the usufructuary right, the possessio pedis, of a farmer. A sovereign state possesses what she governs. ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ The agreement, indeed, only gives the equitable title to New-York; while the plaintiffs below possess the legal title, and must, of course, recover in the ejectments. A specific performance of the agree-ment being decreed against Connecticut, would not be an adequate and complete remedy; and all parties in interest, however remote, must be brought before the court, or they cannot be affected by its proceedings. 2d. It will prevent a multiplicity of suits. The bill is emphatically a bill of peace ”

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Source: Wikisource

Oliver Ellsworth, New York v. Connecticut

“ It is a bill for the dis-covery of title, which parties in interest, as well as parties in possession, may certainly maintain. 1 Vez. 249. n1 4th. It is a bill to [4 U.S. 4] settle a question of bound-ary between two states. ”

Oliver Ellsworth

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