Christ v. Dubosky

Citations

• 261 Pa. 297
• 104 A. 547
• 1918 Pa. LEXIS 735

Syllabus

<p>Courts — Records—Erroneous entries — Power to correct — Rubber stamping of date — Slipping of stamp — Impression of wrong month —Evidence—Sufficiency.</p> <p>1. Every court of record is the guardian and judge of its own records and is clothed with full power to control and inquire into them and to set them right if incorrect.</p> <p>2. Where in a proceeding to strike off a mechanic’s lien for master appearing of record, the docket showed that the lien was filed July 7, 1913, and that the nqtice was not filed until August 18, 1913, but the lower court found on convincing evidence that the return of service had actually been filed July 18, 1913, but through an error had been docketed as of August 18, 1913, as the result of the slipping of the rubber dating stamp, and the court discharged the rule without correcting the record, the record was remitted by the Supereme Court with instructions that the record be amended and that the application to strike oil the lien then be discharged.</p>