Norris v. Cottrell
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. This bill was filed by the plaintiffs in error against the defendants in error, and sets out the following state of facts. A judgment by default, in assumpsit on a promissory note, was rendered at the Spring Term, 1845, of the Lowndes Circuit Court, in favor of the complainants against the defendants in error.
Read the full summary
Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. This bill was filed by the plaintiffs in error against the defendants in error, and sets out the following state of facts. A judgment by default, in assumpsit on a promissory note, was rendered at the Spring Term, 1845, of the Lowndes Circuit Court, in favor of the complainants against the defendants in error. The clerk of the court, at the time of entering up the judgment, made a mistake in the computation of interest, and ehtered up judgment for less than the amount really due. The defendants sued out a writ of…
1Opinion of the CourtPhelan, J.
The mistake which occurred in the calcution of the interest was clearly a mistake of the clerk. The statute devolves upon him expressly the duty of calculating *307tbe interest, wben a judgment by default is rendered on a note, bill, or other writing ascertaining tbe plaintiff’s demand. Clay’s Dig. 325, §70.
Tbe right to correct such a mistake as this, by motion to amend in tbe same court in which it occurs, at any time within three years ¿rom its occurrence, is conferred by statute upon the party affected by it. Clay’s Dig. 322, § 55.
The original judgment in this case was removed by defend-' ant,…
2Cases cited4 opinions
- Wiswell v. MunroeSupreme Court of Alabama · 1842
- M'Grew v. Tombeckbee BankSupreme Court of Alabama · 1837
- Drew v. HayneSupreme Court of Alabama · 1845
- Governor v. BarrowSupreme Court of Alabama · 1848
3Cited by4 opinions
- Werborn v. PinneySupreme Court of Alabama · 1884
- Ex parte HendersonSupreme Court of Alabama · 1887
- McArthur v. DaneSupreme Court of Alabama · 1878
- Ryan v. RyanSupreme Court of Alabama · 1959