New Jersey Equity Reports Volume 83

New Jersey Equity Reports Volume 83

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...court, and I asked him if he desired to be arraigned on formal charges or whether he would submit the matter on the facts above detailed. He chose the latter course, as well he might, for it is obvious that the facts speak for themselves. His only defence is a disclaimer of intentional wrong-doing. This, as a rule, is no excuse, especially where the facts constituting the contempt are admitted, or where a contempt is clearly apparent from the circumstances surronnding the commission of the act. 9 Cyc. 25. Disavowal of any intention to commit a contempt may, however, extenuate or even purge the contempt. Ibid. 26. A case quite pertinent is that of State v. Finley, 80 Fla. 325, in which it was held: "While the interlineation into a decree, after it has received the judicial signature, of immaterial words patently omitted therefrom through clerical oversight, may not, in tl1e absence of proof of a bad motive or fraudulent design in the attomey who perpetrates it, be cause for disbarment, still any manner of tampering with the decree of a court after it receives the sanction of the judge's signature, no matter in how small a particular, and no matter how innocent or immaterial the alteration may be, is highly reprehensible and deserves severe punishment. In recognition of the sanctity of judicial decrees, chancery court rule 87 (Florida) has been provided, requiring an order of the court for the correction of clerical mistakes therein, arising from any accidental slip or omission; and an attorney who attempts to aecomplish correction otherwise should be dealt with summarily and severely." And the court, in the opinion, made the following observations: "As to the second charge, of interlining the words ' more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236858484
  • 9781236858481