Hurley v. Dubuque Gas Light & Coke Co.
Supreme Court of Iowa
Appeal from the Dubuque District Court. The plaintiff, at the November Term, 1856, recovered judgment against defendant, for near the sum of one thou, sand dollars. At the July term, 1858, a motion was made by plaintiff, to correct the record of said judgment, in such a manner as to show that plaintiff’s mechanic’s lien, was established upon a certain tract or parcel of land, which is fully described. This motion was sustained, and defendants appeal.
1Opinion of the CourtWright, C. J.
Without examining the authorities cited by counsel for the respective parties, upon the general question of the power of a court to amend or correct its records, *275after the adjournment of the term at which they are made, it is sufficient for the purposes of the present case, to say, that the Code provides, “ that entries made, approved and signed at a previous term, may be altered only to correct an evident mistake.” Section 1580. The only question is, whether the court below in directing this amendment, exceeded the power conferred by this section.
Whatever view we might take of the simple…
2Cited by3 opinions
- Monroe v. WestSupreme Court of Iowa · 1861
- National Loan & Investment Co. v. BleasdaleSupreme Court of Iowa · 1913
- Grimm v. SargentSupreme Court of Iowa · 1917