Documentary History of the State of New York, Vol. III
4"''>' It is a Rule in Equity that none be made parties but who can be bound by a Decree^ -- Now the only Purpose for which the Justices or Vestry could be made Parties must be to compel them to issue a Warrant to the Chui'ch Wardens to pay the Salary to the Complainant. -- And this could only have given the Complainant a Cause of action against the Defendts Eut Chancery never decrees a Suit [but ^ where it may give a Remedy. ^
It shall not be an Handmaid to the other Courts to beget a a Suit to be ended elsewhere.
III. -- It may be necessary to apprize the Defendants Counsel that we shall insist that the Complainant is not only entituled to a Decree for all the monies in the Hands of the Defendants which v/ere raised for the Benefit of the minister under those acts : But for his full Costs also to be ascertained by his oath.
We presume that Fraud Combination and breach of Trust are clearly made out against the Defendants with this aggravating Circumstance
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1 Gilb. Eq. 54. 55. 1 Harris, 40; 3 pr Wms 311. note at the foot.
2 Noys Maxims 35. Vin. Chanc. 40} n. 15 Eq. Ab. 130. n. 5.
^DECREE OF HIS EXCELLENCY W^^ TRYON IN THE CAUSE OF THE REV» M^ BLOOMER AND THE PARISH OF JAMAICA.
I have had the case between M^ Bloomer Min^and the Church Wardens of the Parish of Jamaica under consideration and reviewed it with all the deliberation wliich its importance required.