Mahone v. Perkinson
Supreme Court of Georgia
A Court has power to amend its judgments and executions so as to make them conform to the verdicts upon which they are predicated. Motion. In Cherokee Superior Court. Decided by Judge Milner. November, 1866. At September Term, 1863, of Cherokee Superior Court, a verdict was rendered in favor of Perkinson, against Mahone, on an attachment sued out by the former against the latter and levied upon certain lands.
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A Court has power to amend its judgments and executions so as to make them conform to the verdicts upon which they are predicated. Motion. In Cherokee Superior Court. Decided by Judge Milner. November, 1866. At September Term, 1863, of Cherokee Superior Court, a verdict was rendered in favor of Perkinson, against Mahone, on an attachment sued out by the former against the latter and levied upon certain lands. Nothing had occurred toontitle the plaintiff in attachment to enter up a general judgment on said verdict. Nevertheless, he did enter such a j rdgment, and the Clerk issued thereon,…
1Opinion of the CourtWalker, J.
The judgment in this case is affirmed, for the reasons that the judgment was incorrectly entered np, Code, sec. 3241; and the Court had the power, and it was his duty, to amend the judgment and execution, so as to make them conform to the legal effect of the verdict: Sections 3424-5.
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