Carpenter v. Muchmore

The Chancellor.

The defendant, by petition, asks that the decree, entered in this cause on the twenty-third of August last, be opened, and that he be admitted to answer. There is no suggestion that the decree and the proceedings upon which it is founded are not in all respects regular.

The general rule is, that a decree regularly entered and enrolled cannot be altered, except by bill of revivor. 2 Daniell’s Ch. Pr. 1232, 1235, and cases cited in note 4; 1 Barbour’s Ch. Pr. 366.

Great liberality has been exercised in the opening and correcting of decrees before enrollment, and even afterwards,…