Dewey v. Ten Eyck

Supreme Court of New Jersey

Dewey v. Ten Eyck

3 N.J.L. 1024

DecidedFebruary 15, 1813

StatusPublished

This text of 3 N.J.L. 1024 (Dewey v. Ten Eyck) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dewey v. Ten Eyck, 3 N.J.L. 1024 (N.J. 1813).

Pincite

Opinion

Kirkpatrick, C. J., and Rossell, J.

Were of opinion, that this was not the error of the court, but a misprision of the clerk, and amendable.

Pekhsxn'Gtoit, J.

I have had some doubts as to the propriety of this amendment, it going to the introduction of a new judgment; but on a little reflection, [*] I concur with my brethren. From the voluminous subject of amendment found in our law books, 1 think this rule is to be extracted, that where the court pronounce a wrong judgment, it cannot be amended after the [747] term; but the error of the clerk in recording the judgment pronounced, may; that is, the record may be so amended as to comport with what was really and truly done.

Kirkpatrick, C. J.

That is the true rule.

By ale the Court. — Let the amendment be made.

Cited is Hay v. Estell, 3 C. E. Gr. 251; Davis v. Township of Delaware, 13 Vr. 515.

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Kirkpatrick, C. J., and Rossell, J.

Were of opinion, that this was not the error of the court, but a misprision of the clerk, and amendable.

Pekhsxn'Gtoit, J.

I have had some doubts as to the propriety of this amendment, it going to the introduction of a new judgment; but on a little reflection, [*] I concur with my brethren. From the voluminous subject of amendment found in our law books, 1 think this rule is to be extracted, that where the court pronounce a wrong judgment, it cannot be amended after the [747] term; but the error of the clerk in recording the judgment pronounced, may; that is, the record may be so amended as to comport with what was really and truly done.

Kirkpatrick, C. J.

That is the true rule.

By ale the Court. — Let the amendment be made.

Cited is Hay v. Estell, 3 C. E. Gr. 251; Davis v. Township of Delaware, 13 Vr. 515.

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Bluebook (online)

3 N.J.L. 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dewey-v-ten-eyck-nj-1813.