Mutual Life Insurance v. Sturges
Supreme Court of New Jersey
On appeal from a decree of the vice-chancellor, reported in Mutual Life Ins. Co. v. Sturges, 5 Stew. Eq. 678. The proceedings on the part of the complainant are in conformity to the statute and rules and practice of the court. Carew v. Johnston, ¡3 Seh. & Lef. 280 ; Smith v. May, 7 H. L. Cas. 750. Under these circumstances, the decree being not only enrolled, but executed, the rule of practice is that the decree cannot be altered except by a bill of review. 2 Dan. Ch. Pr.
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On appeal from a decree of the vice-chancellor, reported in Mutual Life Ins. Co. v. Sturges, 5 Stew. Eq. 678. The proceedings on the part of the complainant are in conformity to the statute and rules and practice of the court. Carew v. Johnston, ¡3 Seh. & Lef. 280 ; Smith v. May, 7 H. L. Cas. 750. Under these circumstances, the decree being not only enrolled, but executed, the rule of practice is that the decree cannot be altered except by a bill of review. 2 Dan. Ch. Pr. (Jfth ed.) 1080, note 8; Carpenter v. Mutchmore, 2 MoCart. 128. The nominal ground of the application is surprise; but…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
This appeal is taken from an order made upon the opinion of the vice-chancellor, that an interlocutory decree in foreclosure and all proceedings subsequent thereto, including the sheriff’s sale, be set aside, so as to admit Henry C. Knubel, assignee in bankruptcy of James S. Sturges, as a defendant, and to permit him and the executors of Thomas T. Sturges, deceased, to plead, answer or demur to the bill.
Before the filing of the petition, in accordance with which this order was made, conveyances of the property sold had been delivered by the…
2Cases cited2 opinions
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Weidmann Silk Dyeing Co. v. East Jersey Water Co.New Jersey Court of Chancery · 1918
3Cited by2 opinions
- Kuser v. CookeNew Jersey Court of Chancery · 1933
- Oppenheimer v. SchultzNew Jersey Court of Chancery · 1930