Brown v. Johnson-Brown Co.

Jenkins, P.

J. 1. “The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party, where by amendment justice may be promoted.” Civil Code (1910), § 5709. Where, by an inadvertent clerical error, the date of filing in the superior court of the answer of the trial judge to a writ of certiorari was incorrectly written by the trial judge and signed by the clerk of the , superior court, the entry of filing could be corrected so as to speak the *420truth, and the testimony of the trial judge and of the clerk of the superior court, appearing voluntarily,…