People v. Scanlon

Pette, J.,

dissents and votes to affirm the order amending the judgment, with the following opinion: In my opinion, the position taken by the majority is inconsistent. If it be conceded, as it is by the majority, that the courts do possess the power to amend or modify an outstanding decree of permanent injunction, there was no abuse of discretion in this ease because there were specific conditions shown which warranted such relief. It is unchallenged that the defendant’s course of conduct since the 1939 entry of the decree herein has been praiseworthy. In fact, on the prior appeal in this…