Gilman v. Libbey
U.S. Circuit Court for the District of Maine
Bill in equity. The material allegations in the complainant’s bill were as follows: In 18G7 she [Anna K. Gilman] was executrix, with others as executors, of the last will and testament of Nathaniel Gilman, both in the state of Maine and in the state of New York.
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Bill in equity. The material allegations in the complainant’s bill were as follows: In 18G7 she [Anna K. Gilman] was executrix, with others as executors, of the last will and testament of Nathaniel Gilman, both in the state of Maine and in the state of New York. In the month of March of that year, being involved in litigation in the county of Ken-nebec as such executrix, and also in proceedings for the' partition of real estate devised to her in common and undivided, with others in said county, and having need of counsel, she applied to the respondent [Artemas Libbey] for his services in his…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Courts of record have power at any time, as well after as during the term at which any entry is made, of their own motion, or on the suggestion of any party interested, and without notice to any one, to correct the mistakes and supply the omissions of their clerks or recording officers, so as to make the record conform to the truth of the case, and they are the exclusive judges of the necessity and propriety of so amending and correcting their records, and of the sufficiency of the proofs offered to show the existence of such necessity and propriety. Balch v. Shaw, 7…
2Cases cited4 opinions
- Close v. GillespeyNew York Supreme Court · 1808
- People v. M'DonaldNew York Supreme Court · 1823
- Buckingham v. . DickinsonNew York Court of Appeals · 1874
- Lee v. CurtissNew York Supreme Court · 1819
3Cited by2 opinions
- State v. DonahueOregon Supreme Court · 1914
- Snow v. HazlewoodCourt of Appeals for the Fifth Circuit · 1907