Lovejoy v. Irelan
| Decision Date | 03 December 1862 |
| Parties | PERLEY R. LOVEJOY v. EDWARD IRELAN. |
| Court | Maryland Court of Appeals |
After a decree has been enrolled, the Court will not entertain an application to vary it, except upon the consent of all parties, or in respect of matters which are of course; but there can be no doubt of the power of the Court to correct a manifest clerical error in its decree.
In making such correction, it is unnecessary to pass a new order or decree, but the Court will direct the clerk to bring before them the original decree and the enrollment thereof and in their presence to correct the same.
This was a motion, on behalf of the appellee, to correct the decree of this Court, heretofore passed in this cause, signed at the June term, 1860. The opinion of this Court contains a full statement of the case as now decided, as well as of the points argued before them.
The cause was argued before BOWIE, C. J., and BARTOL and GOLDSBOROUGH, J.
Benjamin C. Barroll for, and Levin Gale against, the motion.
The proceedings which have heretofore been had in this case, will be found reported in 17 Md. Rep., 525. By the opinion of the Court, then pronounced, it was decided that the appeal ought to be dismissed. And after a re-argument of the question, the Court adhered to their original decision. The first decision was rendered at the June term, 1860, and the decree was signed at that term. Subsequently it was discovered, by the appellee's solicitor, that the decree passed in the cause, instead of dismissing the appeal, in conformity with the opinion which accompanied it, was a decree dismissing the bill. And, at the June term, 1862, when the error was first discovered, this motion was made to have the decree amended, and the error therein corrected.
The motion is resisted on the ground that this Court has no power to correct the decree after the term at which it was passed has expired. In the case of Burch, et al., vs Scott, 1 G. & J., 393, the Court of Appeals decided that a decree of the Court of Chancery must be considered as enrolled when it is signed by the chancellor and filed by the register, and the term has elapsed during which it was made. And in that case it was held, " that it was not consistent with the salutary exercise of that sound discretion which the Court of Chancery possesses, to open or discharge the enrollment upon petition, and vacate the decree, for the purpose of...
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Bailey v. Bailey
...the court merely directs the clerk to produce the original decree so that the correction can be made in the presence of the court. Lovejoy v. Irelan, 19 Md. 56; Pfeaff Jones, 50 Md. 263, 269. As a court of equity has inherent power to correct errors in its records whereby they fail to expre......
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Primrose v. Wright
...of equity has power, upon mere petition or motion, to correct a manifest clerical error in a decree, even after its enrollment. In Lovejoy v. Irelan, 19 Md. 56, was affirmed in Williams v. Banks, 19 Md. 528, this court, having decided that an appeal which is reported in 17 Md. 525, should b......
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Bowes v. Isaacs
...record conform to the truth, and referred to the following authorities: Weighorst v. State, 7 Md. 442; McCoy v. Bayle, 10 Md. 391; Loyejoy v. Irelan, 19 Md. 56. motion to strike out the judgment having been disposed of by the order of the 25th September, 1869, and an appeal from said order ......
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Williams v. Banks
...upon all matters conclusively determined, and directing it to be executed. In the case of Lovejoy vs. Irelan, decided at the present term, (19 Md. 56,) this Court has had occasion to the rules and principles governing Courts of Equity in applications like the present. We then said, " that a......