United States v. Millinger

Shipman, D. J.

The defa alt in this case was taken in the year 1872, and judgment wa s thereupon rendered against the defendants. The only tenable reason for opening the judgment is that, in the assessment of damages, credits were omitted from the amount cf the plaintiff’s original claim, presumably, by inadvertence and mistake. The court has power to open a judgment rendered upon default for the purpose of correcting errors of fact in the amount of the judgment, arising from the inad/ertent omission of the plaintiff to give credits and allow payments made by the defendant, or out of his…