Reports of Cases At Law And in Equity, Argued And Determined in the Supreme Court of Alabama
Reports of Cases At Law And in Equity, Argued And Determined in the Supreme Court of Alabama
Alabama Supreme Court
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CO LDTH WAITS. The clerk onaitted to tnake the correct entry, and this omission was unknown to the plaintiff. The objec- tions are, 1st. That there is no power in the Court to make the correction. 2nd. If power once existed it is gone. 3rd. That the Court erred in giving the first judgment; but the correctness of the first judg- ment cannot here be questioned, as it is not before us. Many statutes of amendments have been cited. This is not an uuiendment, but it is not material. Mr. GoMthtvaite ...says, that all decisions of amendments are founded on statutes, but this is not the case. The note in Sanders, says that at Common Law, you may eke out what is necessary in a record. The statutes were not made to correct cases like this, but to change something. In the case in If. BJackstone, the judgment was for less than it should have been: there it was enlarged. The one in Strangey 786, was an omission to give judgment on certain counts : this was a case of an amendment. The case in Meade S^ Selwyn, *was an omission: the record was afterwards perfected.
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