Henlein v. Graham

Citations

• 32 S.C. 303
• 10 S.E. 1012
• 1890 S.C. LEXIS 46

Syllabus

<p>1. Plaintiff being entitled to judgment by default, the presiding judge entered on the docket “judgment for plaintiff,” and signed an endorsement on the complaint in these words: “Ordered, that the plaintiffs, II. & B., against the defendant for §>2,5G8.54, and costs.” Judgment was thereupon entered, execution issued, and nulla bona returned, and at the next term an order in supplementary proceedings was served, which defendant moved to set aside upon the ground that there was no order for judgment. Held, that oven if the omission of an endorsed order for judgment would be fatal, yet the absence of the words “have judgment” from the order endorsed on this complaint was a mere clerical error not affecting the substance.</p> <p>2. Under section 197 of the Code, the error or defect here complained of would also be disregarded in supplementary proceedings, which is a 'stage of the original action.</p> <p>3. A Circuit Judge may correct a merely clerical error of his predecessor.</p>