Bobo v. State
Supreme Court of Arkansas
ERROR to Monroe Circuit Court. Hon. J. N. Cypert, Circuit Judge. The question presented in this case is the power of the Circuit Court, upon parol testimony alone, to enter a mmc pro tunc judgment after the expiration of the term. Appellant submits that the Court, after the expiration of term, can, upon parol testimony, amend a judgment rendered.
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ERROR to Monroe Circuit Court. Hon. J. N. Cypert, Circuit Judge. The question presented in this case is the power of the Circuit Court, upon parol testimony alone, to enter a mmc pro tunc judgment after the expiration of the term. Appellant submits that the Court, after the expiration of term, can, upon parol testimony, amend a judgment rendered. King v. State Bank, 9 Ark., 185; Arrington v. Cowry, 17 lb., 100; Green v. State, 19 lb., 178; Martin v. State Bank, 20 lb., 336; Bortis & Bro. v Talbot, 33 lb., 220; King v. Clay, 34 lb., 300. But when neither the record nor any note or memorandum,…
1Opinion of the Court
Statement.
English, C. J;
It appears that in June, 1875, Henry Etheridge entered into a bail bond in the penal sum of $1,000, with "William Stayton as surety, for his appearance at the following September term of the Circuit Court of Monroe county, to answer a charge of passing counterfeit money.
That at the appearance term, (September, 1875), when the case was called for trial, Etheridge failed to ■ appear * and the Court ordered a forfeiture of the bond to be entered, but the clerk failed to make an entry of the forfeiture upon the minutes of the court, as required by the statutes. Gantt’s…
2Cases cited2 opinions
- Weed v. WeedSupreme Court of Connecticut · 1856
- Yonge v. BroxsonSupreme Court of Alabama · 1853
3Cited by29 opinions
- Mitchell Shaw v. the Fed. Land Bk. of St. LouisSupreme Court of Arkansas · 1943
- Ex Parte HowlandCourt of Criminal Appeals of Oklahoma · 1909
- Midyett v. KerbySupreme Court of Arkansas · 1917
- Jackson v. Becktold Printing & Book Manufacturing Co.Supreme Court of Arkansas · 1908
- Ward v. MagnessSupreme Court of Arkansas · 1905
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