Lee v. Houston
Supreme Court of Alabama
ERROR to the Circuit Court of Sumter. Tried before the Hon. G-eorge Goldthwaite. In this case a judgment was rendered in favor of the defendant in error against tbe plaintiff in error, at the Fall Term, 1848, of the Circuit Court, -for five hundred dollars damages, with a remittitur of the darnages.
Read the full summary
ERROR to the Circuit Court of Sumter. Tried before the Hon. G-eorge Goldthwaite. In this case a judgment was rendered in favor of the defendant in error against tbe plaintiff in error, at the Fall Term, 1848, of the Circuit Court, -for five hundred dollars damages, with a remittitur of the darnages. At the .Spring Term, 1849, a motion was made by the plaintiff in the judgment to set it aside, on the ground that a remittitur of- the damages had been entered through mistake, or misapprehension, when in fact no part thereof, had been paid or satisfied. On this motion the judgment rendered at the…
1Opinion of the CourtGrOLDTHWAITE, J.
Conceding that, by the common law, courts did not possess the power of amending judgments, at any term after their rendition, there can be no doubt that under the act of 1824, Clay’s Dig. 322, § 55, the Circuit Court has the authority to amend a judgment, at any time within three years after its rendition, by the correction of any clerical error or mistake of the clerk, where there is sufficient matter apparent on the record to amend by. This, we understand, to be conceded, but it is insisted that the record discloses that the action of the court below, in sotting aside the judgment, was not…
2Cases cited1 opinion
- King v. ArmstrongSupreme Court of Alabama · 1848
3Cited by6 opinions
- Glass v. GlassSupreme Court of Alabama · 1884
- Ex Parte ACK Radio Supply Company of GeorgiaSupreme Court of Alabama · 1969
- Ex parte Alabama Fuel & Iron Co.Supreme Court of Alabama · 1915
- Harris v. MartinSupreme Court of Alabama · 1865
- Sartor v. Branch Bank at MontgomerySupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.