Shackelford v. M. P. Levy & Co.
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. The case is stated in the opinion of the court. 1. It is settled, as a general rule, that no final judgment can be amended after the term at which it was rendered. The authorities do not sanction the doctrine that it is lawful to correct judicial errors under the false pretense of correcting clerical mistakes.
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Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. The case is stated in the opinion of the court. 1. It is settled, as a general rule, that no final judgment can be amended after the term at which it was rendered. The authorities do not sanction the doctrine that it is lawful to correct judicial errors under the false pretense of correcting clerical mistakes. That a judgment may be amended in this State at a term subsequent to its rendition is well settled, but it is equally well settled that it must be amended by the record alone. Parol evidence cannot be…
1Opinion of the CourtCooper, C. J.
Section 1497 of the code provides that a plaintiff in a suit in*128sfcituted in the circuit court, recovering less than one hundred and fifty dollars, “ shall not recover any costs of the defendant unless the judge shall be of opinion, and so enter on the record, that the plaintiff had reasonable ground to expect to recover more than one hundred and fifty dollars.”
The plaintiff in this action of assumpsit recovered a judgment for fifty-nine dollars and sixty-two cents, which was entered on the minutes of the court in the common form without any judgment for costs. Two days thereafter he applied…
2Cases cited2 opinions
- M'Ewin v. StateMississippi Supreme Court · 1872
- Moody v. GrantMississippi Supreme Court · 1867
3Cited by2 opinions
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
- Gagnon v. United StatesUnited States Court of Claims · 1902