Pitman v. Lowe
Supreme Court of Georgia
Motion to enter judgment Nunc pro time, from Crawford. Decision by Judge Powers. September Term, 1857. At September Term, 1857, of Crawford Superior Court, Jesse Pitman moved for a rule against Jacob Lowe, administrator of Allen Marshall, deceased, to shew cause why he (Pitman) should not enter a judgment nunc pro time, for the interest upon a verdict obtained by him at August Term, 1850, against said Lowe, as administrator aforesaid.
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Motion to enter judgment Nunc pro time, from Crawford. Decision by Judge Powers. September Term, 1857. At September Term, 1857, of Crawford Superior Court, Jesse Pitman moved for a rule against Jacob Lowe, administrator of Allen Marshall, deceased, to shew cause why he (Pitman) should not enter a judgment nunc pro time, for the interest upon a verdict obtained by him at August Term, 1850, against said Lowe, as administrator aforesaid. Respondent showed for cause, that he had paid to said Pitman, on the 10th Oct., 1855, one hundred and twenty-three dollars and sixty-nine cents, in full of the…
1Opinion of the Court
Lumpkin L,
By the Court delivering the opinion.
This was not a motion to enter a nunc pro tunc judgment, but to amend the judgment by inserting interest, or rather the time from which interest should be computed. And this could only be done by explaining, by parol testimony, how the jury ascertained the amount of principal which they found to be due, and thereby fix the time when it became due.
We think the Court was right in rejecting this proof.
It is going very far, to allow a verdict to be amended by the declaration ; and the judgment by both writ and verdict. *431Beyond this,the Courts should…
2Cited by2 opinions
- Dixon v. MasonSupreme Court of Georgia · 1882
- Pulliam v. JenkinsSupreme Court of Georgia · 1923