Ex parte Foster ( 1838 )

Curia, per Dunkin, Ch.

After the decree establishing the rights of Jordon Baily and wife, the duty of the court was rather ministerial than judicial. The report of the commissioner verified the authority of the petitioner from Baily and wife, to receive the fund, and it would be altogether irregular to permit an informal application of this character to arrest the execution of the decree.

The appeal is dismissed.

Johnson, Harper and J. Johnston, Chancellors, concurred.