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Borcherling v. Downs

Court of Errors and Appeals
Jan 22, 1943
30 A.2d 28 (N.J. 1943)

Opinion

Argued October 23d 1942.

Decided January 22d 1943.

On appeal from an order of the Court of Chancery.

Emma E. Dillon, for the appellant.

Messrs. Lum, Fairlie Wachenfeld, for the respondent.


Appellant seeks to have set aside an order dismissing her petition to open and set aside a consent final decree entered on December 5th, 1938.

A careful review of the proofs leads to the conclusion that they do not support appellant's claim of fraud or duress in the entry of the final decree and fail to support the claim that there was an abuse of discretion in the action of the Vice-Chancellor in advising that the petition to open and set aside said decree be dismissed.

The order under review is affirmed.

For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, JJ. 14.

For reversal — None.


Summaries of

Borcherling v. Downs

Court of Errors and Appeals
Jan 22, 1943
30 A.2d 28 (N.J. 1943)
Case details for

Borcherling v. Downs

Case Details

Full title:FRANCES G. BORCHERLING, by NATIONAL STATE BANK OF NEWARK, NEW JERSEY…

Court:Court of Errors and Appeals

Date published: Jan 22, 1943

Citations

30 A.2d 28 (N.J. 1943)
30 A.2d 28