Hansen v. De Vita
Supreme Court of New Jersey
On application for a mandamus to compel the Circuit Court of Middlesex county to reform the record of a judgment by striking out of a declaration two counts in tort and changing the remaining count from tort to contract. The judgment in question was entered in an action brought in 1906, in which the plaintiff’s declaration contained three counts, all apparently in tort.
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On application for a mandamus to compel the Circuit Court of Middlesex county to reform the record of a judgment by striking out of a declaration two counts in tort and changing the remaining count from tort to contract. The judgment in question was entered in an action brought in 1906, in which the plaintiff’s declaration contained three counts, all apparently in tort. It is alleged that at the trial the first count was treated as one in contract and that the second and third counts were treated as struck out, no such amendments, however, being actually made. Verdict having gone against the…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The mandamus that is applied for would seem to run counter to two well established principles touching the ordering of the amendment of judgment records. First, in that the relator has already taken the judgment of this court upon a record laid before it by him as being the record in the cause. At any time before the rendition of its decision upon the record thus laid before it, this court could have listened to a suggestion looking to its withdrawal and the substitution of some other record; even after argument *269such a suggestion is not…
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