Boyer v. Boyer

Leaming, V. C.

It is well settled that the court of chancery has discretionary power, even after enrollment, to open a regular decree obtained by default, for the purpose of giving the defendant an opportunity to make a defence on the merits, where such defendant has been deprived of such defence, either by mistake or accident, or by the neglect of his counsel. This has been expressly determined by our court of errors and appeals in Day v. Allaire, 31 N. J. Eq. (4 Stew.) 303, 315. See, also, Cawley v. Leonard, 28 N. J. Eq. (1 Stew.) 467; Brikerhoff v. Franklin, 21 N. J. Eq. (6 C. E. Gr.) 334;…