Tuttle v. Gilmore
Supreme Court of New Jersey
If a decree of the court of errors be misentered in the minutes, it must be executed by the court of chancery according to its terms, the proper practice being to apply to the court of errors to rectify the entry of such decree. On appeal from a decree of the chancellor, whose opinion is reported in Gilmore v. Tuttle, 13 Stew.
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If a decree of the court of errors be misentered in the minutes, it must be executed by the court of chancery according to its terms, the proper practice being to apply to the court of errors to rectify the entry of such decree. On appeal from a decree of the chancellor, whose opinion is reported in Gilmore v. Tuttle, 13 Stew. Eq. 385. cited McNeill v. Cahill, 2 Bligh (N. S.) 316; White v. Atkinson, 2 Call 376; Price v. Campbell, 5 Call 115; Werborn v. Pinney, 76 Ala. 391; Murrill v. Murrill, 90 N. C. 120.
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
A decree having been pronounced in this court as the result of a former appeal between these parties, that decree was sent to the court of chancery, with instructions to execute it. The contention of the appellant now is that the chancellor has not put it into effect, but has introduced into it certain modifications.
If- we have regard simply to the entry of the decree of this court on its minutes, we think the justness of this criticism is not to be disputed. The judgment of .this court, as it stands on our records, has not been carried…
2Cited by3 opinions
- Stone v. Allied Clothing Corp.New Jersey Court of Chancery · 1947
- Driscoll v. Burlington-Bristol Bridge Co.New Jersey Superior Court Appellate Division · 1953
- Trust Co. of N.J. v. BiddleNew Jersey Court of Chancery · 1933