Legal Opinion

Light v. Self

Supreme Court of Arkansas

Decided March 24, 1919PublishedCited by 6 opinions

Appeal from Greene Circuit Court, First Division; R. H. Dudley, Judge; 1. The nunc pro turne order was valid at least' to the extent of setting aside the entry made by the clerk as of January 9. All courts have the inherent power to correct their records so as to make them speak the truth and where the judge knows that the record contains a false or erroneous recital it is within his power and his duty to correct the record and make it speak the truth.

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Appeal from Greene Circuit Court, First Division; R. H. Dudley, Judge; 1. The nunc pro turne order was valid at least' to the extent of setting aside the entry made by the clerk as of January 9. All courts have the inherent power to correct their records so as to make them speak the truth and where the judge knows that the record contains a false or erroneous recital it is within his power and his duty to correct the record and make it speak the truth. It was a matter within his own knowledge. The petition to set aside the order was in apt time and properly overruled. 134 IT. S. 136, 141; 84…

1Opinion of the CourtMcCULLOCH, C. J.

Appellants are commissioners of a road improvement district, the legal existence of which depends upon the validity of an order entered on the record’s of the county court of Greene County February 7, 1918, purporting to create the district pursuant to the terms of Act No. 338 of the General Assembly of 1915. Appellees are owners of real property within the territorial boundaries of the district and they assail the validity of the proceedings on the ground that the county court was not in session on the day which the record .shows the order was made. . .

According to the record before us, the…

2Cases cited4 opinions

  1. Black v. BrinkleySupreme Court of Arkansas · 1891
  2. Johnson v. WestSupreme Court of Arkansas · 1909
  3. State ex rel. Hall v. Canal Construction Co.Supreme Court of Arkansas · 1918
  4. Ex parte BaldwinSupreme Court of Arkansas · 1915

3Cited by6 opinions

  1. Weldon v. StateSupreme Court of Arkansas · 1921
  2. Strahan v. the Atlanta Natl. Bank of Atlanta, TexasSupreme Court of Arkansas · 1943
  3. Wilmot Road Improvement District v. DeYampertSupreme Court of Arkansas · 1923
  4. Carl-Lee v. Road Improvement District No. 16Supreme Court of Arkansas · 1923
  5. Newberry v. Road Improvement District Number 1Supreme Court of Arkansas · 1922

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