Dolby v. Whaley

Layton, C. J.:

The objection is overruled. The record entry of the justice “The petition to reopen the above case, filed * * * August 15th, 1936, was denied by me” is ambiguous as to the precise action taken by him. From that entry it is not clear whether the justice refused to entertain Whaley’s petition, or whether, after a hearing on the merits of the case, he held that Whaley had no claim against Dolby for work and labor done. You cannot contradict, alter or vary a judicial record, but paroi evidence may be admitted for the purpose of explaining an entry in such a record, which is not…