Wilcox v. Wells
Idaho Supreme Court
APPEAL from the District Court, Bear Lake County. As a general rule, no final judgment can be amended after the term at which it was rendered. The law does not authorize the correction of judicial errors under the pretense of correcting clerical errors. To entitle a party to an order amending a judgment he must establish that the entry as made does not conform to tvhat the court intended it to be when it was ordered.
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APPEAL from the District Court, Bear Lake County. As a general rule, no final judgment can be amended after the term at which it was rendered. The law does not authorize the correction of judicial errors under the pretense of correcting clerical errors. To entitle a party to an order amending a judgment he must establish that the entry as made does not conform to tvhat the court intended it to be when it was ordered. (Freeman on Judgments, see. 70; Black on Judgments, see. 154; 13 Ency. of Law, 120; Benson v. Anderson, 14 TJtab, 334, 47 Pac. 143; Jones v. New York Life Ins. Co., 14 TJtah,…
1Opinion of the CourtHuston, J.
On February 23, 1897, the respondent recovered judgment against defendants in an action of ejectment for the recovery of certain real estate situate in Bear Lake county, Idaho. It seems that the land in question was of an irregular shape, and that in describing it, both in the complaint and in the judgment, which followed the description in the complaint, an erroneous description of the land was given. The description, as given in the complaint and judgment, was: “Commencing at the southeast corner of the northeast quarter of the southeast quarter of section fifteen (15), township fourteen…
2Cited by2 opinions
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- State Ex Rel. McKelvey v. StynerIdaho Supreme Court · 1937