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Coster v. Clark

2 Sarat. Ch. Sent. 38 Court N.Y. Ch. Decision date 1842-05-17 English

Contents

Majority

p. 38
John G. Coster v. James B. Clark et al.

Headnote

Opening decrees entered by consent.
W. Silliman, for appellant;
J. P. Hall, for respondents.

Decided that . . . . . . . where a decree has been made by consent or the parties, which is erroneous, it cannot be corrected by a rehearing or an appeal. That if such a decree was obtained by- fraud or corin, the remedy of the party aggrieved thereby is by an original bill.

Order of the vice chancellor dismissing appellant’s petition affirmed, with costs.