Jones v. Hart
Supreme Court of Missouri
Error io DeKaLb Circuit Court. I. The judgment, as originally entered, was erroneous, (Kritzer vs. Smith, 21 Mo., 296.) II. The minutes of the court do not show that any judgment was ever ordered on the verdict. III. The failure of a court to act, or its ineotrect action, can never authorize a nunc pro tuno entry.
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Error io DeKaLb Circuit Court. I. The judgment, as originally entered, was erroneous, (Kritzer vs. Smith, 21 Mo., 296.) II. The minutes of the court do not show that any judgment was ever ordered on the verdict. III. The failure of a court to act, or its ineotrect action, can never authorize a nunc pro tuno entry. If no judgment is rendered, or if an imperfect one is rendered, the court has no power to remedy any of these errors or omissions by treating them as clerical misprisions. In all cases in which such an entry can be made, the record must show the facts authorizing it; and this power…
1DissentPer Sherwood, Judge
I have been unable to concur in the above opinion and will briefly give the reasons which have induced my dissent.
The inherent power of a court of record to correct the mistakes of its clerk, by amendiug the record, in accordance with the facts patent of record, has never before been called in question. It is a doctrine of universal recognition. In Short vs. Coffin, Extr., 5 Burr, 2730, it was held by Lord Mansfield, that a jndgmeut against an executor de bonis projpriis should be so amended as to become one de bonis testatoris, and this, even after error brought, and error assigned,'and in…
2Cases cited18 opinions
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- State v. ClarkSupreme Court of Missouri · 1853
- Hyde v. Curling & RobertsonSupreme Court of Missouri · 1847
- Gibson v. HeirsSupreme Court of Missouri · 1869
- Close v. GillespeyNew York Supreme Court · 1808
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