Cochran v. Baker
Oregon Supreme Court
From Marion : George H. Burnett, Judge. Action by P. A. Cocliran, F. A. Ford, and J. H. Mack, against J. E. Baker, to recover damages for the breach of an implied warranty of authority to sign a certain bond. Defendant appeals from a judgment against him. Before the final hearing respondents moved for permission to correct a mistake in the judgment, and offered to remit an excess that had been inadvertently entered in their favor.
1Per curiam
1. It is generally conceded that a trial court at all times possesses inherent power to amend its judgments, orders, and decrees by a nunc pro tunc entry, so as to cause them to conform to the proceedings had therein, and make them speak the truth, provided no rights of third persons have intervened, and such correction can be made by a mere inspection of the record, or by reference to some memorandum of the trial, made at the hearing thereof by the court, or from the pleadings on file, without resorting to evidence aliunde: Elliott, App. Proc. § 209; 1 Black, Judgm. § 155; 1 Freeman, Judgm.…
2Cases cited9 opinions
- Ladd & Tilton v. MasonOregon Supreme Court · 1882
- Fiore v. LaddOregon Supreme Court · 1896
- Nicklin v. RobertsonOregon Supreme Court · 1895
- Douglas County Road Co. v. County of DouglasOregon Supreme Court · 1875
- Mackey v. OlssenOregon Supreme Court · 1885
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3Cited by26 opinions
- Schafer v. Fraser Et UxOregon Supreme Court · 1956
- Graham v. MerchantOregon Supreme Court · 1903
- Anderson v. AdamsOregon Supreme Court · 1903
- L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
- Grover v. HawthorneOregon Supreme Court · 1911
21 more not listed; retrieve them via the Exa API.