St. Louis & North Arkansas Railroad v. Bratton
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; Brice B. Hudgins, Judge; 1. The remedy by nunc pro tunc proceeding to correct errors after the lapse of the term is available only to make the record speak the truth, so as to show what was actually done, or what judgment or order was actually rendered. It cannot be used to change or modify a judgment so as to recite something which was not done or ordered, even though it be something that ought to have been done.
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Appeal from Searcy Circuit Court; Brice B. Hudgins, Judge; 1. The remedy by nunc pro tunc proceeding to correct errors after the lapse of the term is available only to make the record speak the truth, so as to show what was actually done, or what judgment or order was actually rendered. It cannot be used to change or modify a judgment so as to recite something which was not done or ordered, even though it be something that ought to have been done. The court now has no power to vacate, modify or amend a judgment after the term has expired, except for the causes specified in the Civil Code.…
1Opinion of the CourtFrauenthal, J.
This is an appeal from a judgment of the Searcy Circuit Court correcting or amending by nunc pro tunc order a former judgment of that court entered at a former term. At the February, 1909, term of the Searcy Circuit Court, the plaintiff below, Benjamin Bratton, administrator, filed his motion for a nunc pro tunc order, in which he stated that on January 10, 1906, he filed a complaint against the defendant to recover damages for the wrongful killing of one Benjamin Bratton, Sr., and that on March 16, 1907, said cause was tried in said court, and a verdict returned by the jury in favor of the…
2Cases cited7 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Hershy v. BaerSupreme Court of Arkansas · 1885
- Cox v. GressSupreme Court of Arkansas · 1888
- Bouldin v. JenningsSupreme Court of Arkansas · 1909
- Malpas v. LowenstineSupreme Court of Arkansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Board of Equalization v. Evelyn Hills Shopping CenterSupreme Court of Arkansas · 1972
- City of Little Rock v. RaganSupreme Court of Arkansas · 1989
- Melton v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Wright v. FordSupreme Court of Arkansas · 1949
- Kelley Trust Co. v. Lundell Land & Lumber Co.Supreme Court of Arkansas · 1923
16 more not listed; retrieve them via the Exa API.