Keene v. Welsh
Montana Supreme Court
Appeal from the First Judicial District, Lewis and Clarke County. STATEMENT. The order of court amending the decree recited that the record of the cause on the previous trial, and the proofs adduced, established the term “miner’s measurement,” to be “running water measured in the usual mode, under a six-inch pressure.”
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Appeal from the First Judicial District, Lewis and Clarke County. STATEMENT. The order of court amending the decree recited that the record of the cause on the previous trial, and the proofs adduced, established the term “miner’s measurement,” to be “running water measured in the usual mode, under a six-inch pressure.” It then read as follows: “It is therefore ordered and adjudged that the said decree be so corrected and amended, by inserting therein after the words ‘miner’s measurement,’ wherever the same occur therein, the following words, ‘that is to say, by the usual means adopted for the…
1Opinion of the CourtBach, J.
We do not doubt the soundness of the rule that the trial court cannot at a subsequent term so modify a judgment that the modification is in effect a reversal. That is the province of the appellate court. But the trial court has the power to modify or correct the judgment or record to such an extent that the relief granted may be such as was intended to be granted. This doctrine has already been announced by this court in several cases. (See Territory v. Clayton, ante, p. 1, and cases "therein cited.) The court below in granting this motion based its action upon all the testimony in the case,…
2Cases cited2 opinions
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Clark v. HallNew York Court of Chancery · 1839
3Cited by10 opinions
- St. Onge v. BlakelyMontana Supreme Court · 1926
- State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
- Lindsay v. LindsayNevada Supreme Court · 1929
- Oregon Mortgage Co., Ltd. v. KunnekeMontana Supreme Court · 1926
- Krause v. Oregon Steel Co.Oregon Supreme Court · 1907
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