Ballen v. Farnsworth
Tennessee Supreme Court
Sneed moved to remand this cause to the Circuit' Court, to the end that an entry of record disposing of a motion to dismiss for champtrey might be suplied. He stated that the record below did not show the fact, but that the rough minutes of the Court did.
1Opinion of the Court
Totten J;
The motion here is to remand the cause to have the record amended.
This cannot be done. The question is similar. to that in a case recently decided by us at Nashville. (1) There a judgment was entered by mistake for an amount different from that found by the jury. At the next term it was amended by the rough minutes and the judges notes. This we held to be error, and the judgment was reversed.
After the term, the Court has no power over the record, except to amend by matter of record. The farthest this Court has ever gone was to amend an entry made by mistake, by a written opinion of…
2Cited by14 opinions
- Kimbell v. United StatesCourt of Appeals for the Fifth Circuit · 2004
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
- Haseltine v. ShepherdSupreme Judicial Court of Maine · 1905
- Grigsby v. GrigsbyCourt of Appeals of Kentucky (pre-1976) · 1933
- Hersey v. PuringtonSupreme Judicial Court of Maine · 1902
9 more not listed; retrieve them via the Exa API.