Morrison & Whitlock v. Stewart

The appellants sued out a writ of replevin against the appellee. At the return term they dismissed their suit and an order appears on the Judge’s minutes showing such dismissal, as follows: “Plaintiff dismisses suit at his cost, and • return of property awarded and one cent damages for plaintiff.” The clerk entered up judgment accordingly. At a subsequent term 'motion was made, due notice having been given to amend the judgment so as to show that a return of property and judgment for cost was awarded in favor of defendant instead of plaintiffs. The Circuit Court, on inspection of the record…