Hofferbert v. Klinkhardt

Citations

• 58 Ill. 450

Syllabus

<p>1. Judgments and decrees—misprison of clerk in entering a decree— ichat will not vitiate it. A decree, regular in all other respects, will not be reversed merely because the clerk, by mistake, used the word “ defendant” instead of “ defendants.”</p> <p>2. Same—omission of a letter, when the meaning is apparent, will not vitiate the record. The omission to use a single letter, when the meaning can be clearly ascertained from the context, lias never been held sufficient to vitiate and render void a judicial record.</p> <p>3. SAME-^-to/teu, will not be held void for uncertainty. When the sense of a judgment or a decree can be clearly ascertained from the recitals iu the whole record, it can not be said to be void for uncertainty.</p> <p>4. Same—record must show what was intended to be decreed—mere form not regarded. In such cases, this court will regard the substance only, and not mere form; but there must always appear in the record enough to show what was intended to he decreed.</p> <p>5. Same—substantial objections to, only, regarded. Aud the better rule is, to regard only substantial objections, and especially to disregard those having no merit.</p>