McLaughlin v. Cross
Supreme Court of New Jersey
On certiorari. On September 2d, 1898, there was filed with the clerk of the Court óf Common Pleas of'the county of Middlesex a statement, dated June 2'5th, 1898, signed by Levi Walling, a justice of the peace of that county, under his hand and seal, to the effect that, on March 29th, 1897, Charles McLaughlin, plaintiff, had obtained, in a court for' the trial of small causes held by said justice, a judgment against Josephine Berk, defendant, for the sum of $132.75 in an…
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On certiorari. On September 2d, 1898, there was filed with the clerk of the Court óf Common Pleas of'the county of Middlesex a statement, dated June 2'5th, 1898, signed by Levi Walling, a justice of the peace of that county, under his hand and seal, to the effect that, on March 29th, 1897, Charles McLaughlin, plaintiff, had obtained, in a court for' the trial of small causes held by said justice, a judgment against Josephine Berk, defendant, for the sum of $132.75 in an action of contract; that an execution had been issued therein, “and that said judgment is wholly unpaid and unsatisfied on…
1Opinion of the Court
*601The opinion of the court was delivered by
Collins, J.
The plaintiff in certiorari challenges the power of a Court of Common Pleas to vacate a judgment docketed therein. It is true that the docket entry has not the force of a common law judgment, and that lack of conformity to the authorizing statute will render the docketing void; but it does not follow that the court cannot clear its records of the void entry. The clerk can lawfully docket only when the papers tendered are regular. His authority is limited. If he exceeds it, remedy must lie with the court whose minister he is. The prerogative…
2Cases cited3 opinions
- Barnaby v. Bradley & Currier Co.Supreme Court of New Jersey · 1897
- National Papeterie Co. v. KinseySupreme Court of New Jersey · 1891
- Grimshaw v. CarrollSupreme Court of New Jersey · 1899
3Cited by4 opinions
- GARZA EX REL. FINO v. PaoneNew Jersey Superior Court Appellate Division · 1957
- Last v. Audubon Park AssociatesNew Jersey Superior Court Appellate Division · 1988
- Gimbel Bros. v. CorcoranSupreme Court of New Jersey · 1937
- In re Estate of GilbertNew York Surrogate's Court · 1940