Mansfield v. Fassett
Supreme Court of New Hampshire
Petition, against the justice and clerk of the police court of Nashua, for a writ of mandamus commanding the issue of an execution by that court in favor of the plaintiff against the trustee in the action Mansfield v. Dunn and N. L. Co., Tr. Facts found by a referee. That action, and another brought by O’Neil against, the same defendant and the same trustee, were entered at the May-term of the police court, 1884. Both suits were brought by the same attorney.
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Petition, against the justice and clerk of the police court of Nashua, for a writ of mandamus commanding the issue of an execution by that court in favor of the plaintiff against the trustee in the action Mansfield v. Dunn and N. L. Co., Tr. Facts found by a referee. That action, and another brought by O’Neil against, the same defendant and the same trustee, were entered at the May-term of the police court, 1884. Both suits were brought by the same attorney. O’Neil’s writ was served on the trustee before that of Mansfield. Judgment was rendered for the plaintiff against Dunn in Mansfield’s…
1Opinion of the CourtDoe, C. J.
Whether the entry charging the trustee subject to the previous suit does or does not correctly express the order intended to be made, this petition cannot be maintained. Whatever might be done for the correction of a clerical error by an amendment of the record of the police court, the record containing such an error would be no cause for compelling that court to give the plaintiff an execution to which, upon a correction of the error, he would not be entitled.
Petition denied.
All concurred.
2Cited by2 opinions
- Sittig v. LittellSupreme Court of Louisiana · 1869
- Pecoul v. PerretSupreme Court of Louisiana · 1868