Crew, Levick & Co. v. McCafferty

Citations

• 124 Pa. 200
• 16 A. 743
• 1889 Pa. LEXIS 1021

Syllabus

<p>1. While a court may so amend its record as to make it conform to the truth, even after the term has expired or writ of error lodged, yet it has no power to make an alteration which is not an amendment and is without anything upon the record to support it.</p> <p>(a) A rule for a new trial was discharged on condition that the plaintiff file a remittitur within ten days, and in copying the order upon the docket the clerk omitted the words, “ within ten days.”</p> <p>(b) On the thirtieth day thereafter, the jfiaintiff filed the remittitur and caused judgment to be entered for the amount limited, and subsequently, upon a rule to strike off the judgment, the court directed the original order to be corrected so as to read, “ within thirty days.”</p> <p>2. The latter order was an alteration, not an amendment, and its effect was to deprive the defendant of a new trial, the right to which had become absolute and beyond the power of the court to interfere with it, and was therefore error.</p>