Chapman v. Hurd

Citations

• 67 Ill. 234

Syllabus

<p>1. Mistake-whether chancery will correct mistake in entering 'amount of judgment. On bill filed to eórrect an alleged mistake in entering a judgment for the proper amount found by the court, the court say, that if the mistake was clearly shown, and that it occurred without any negligence on the part of the complainant, it may be that equity would assist him to have the error corrected.</p> <p>■2. Same-must he clearly shown. In the absence of evidence, showing clearly that the court trying a common law case, by mistake entered the judgment for too small a sum, the presumption will be in favor of the correctness Of the judgment. Where the party complaining fails to present the evidence heard on the trial of the suit at law, this court can not determine whether the court entered the judgment for the correct amount or not.</p>