Barclay v. Brown
New York Court of Chancery
This was an application to dismiss an appeal from the final decree of a vice chancellor, on the ground that it was not entered within the six months after the actual, entry of the decree in the minutes of the court.
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This was an application to dismiss an appeal from the final decree of a vice chancellor, on the ground that it was not entered within the six months after the actual, entry of the decree in the minutes of the court. The cause was heard in July, 1837, but the decree was not settled and actually entered until the 26th of October thereafter; and then, by a mistake of the deputy clerk, the caption of the decree was of the day when the cause was heard before the vice chancellor, instead of the day when it was in fact entered. By a similar mistake the decree, as settled, was marked as filed on the…
1Opinion of the Court
The Chancellor.
The appellant’s solicitor was not misled or prejudiced in this case by the mistake in the caption of the decree, as he knew it was ante-dated as of the time of the hearing before the vice chancellor. Neither was he prejudiced by any thing which occurred in the clerk’s office; as he did not examine the books for the purpose of ascertaining when the decree was actually entered. If he had done so, and had been misled by any neglect or mistake of the clerk, it might be a sufficient ground for an application to the vice chancellor to have the decree re-entered, with a corrected…
2Cited by5 opinions
- Ex parte OstranderCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mount v. Van NessNew Jersey Superior Court Appellate Division · 1881
- Porter Ads. United StatesU.S. Circuit Court for the District of Southern New York · 1877
- Jennings v. JenningsThe Superior Court of New York City · 1855
- King v. Justices of SomersetshireCourt for the Trial of Impeachments and Correction of Errors · 1799