Court for the Trial of Impeachments and Correction of Errors July 1, 1799 (James v. Morey)

The Court of Errors reversed this decision, Woodworth, J., Sutherland, J., and Savage, Ch. J., all delivering opinions in ■favor of reversal, and holding:

1. That the rule as to merger, though inflexible at law ■was not so in equity.

2.