Kaufman v. Shain

Citations

• 111 Cal. 16
• 43 P. 393
• 1896 Cal. LEXIS 539

Syllabus

<p>Amendment of Records—Correspondence with Facts—Power of Court.—Every court of record has inherent power to cause its acts and proceedings to be correctly set forth in its records; and whenever it is brought to the knowledge of the court that the record made by the clerk does not correctly show the order or direction which was in fact made by the court at the time it was given, the court lias authority to amend its record to correspond with the actual facts; though it has no power, under the forms of an amendment, to correct a judicial error, or to make of record an order not in fact given.</p> <p>Id.—Correction of Minute Entry—Sufficiency of Evidence — Conclusive Action of Court.—The motion to correct a minute entry to correspond with the facts is eminently addressed to the court in which the entry was made, and the amount and kind of evidence requisite to satisfy the court as to what was its real order must rest with that court, and its determination upon any conflict of evidence concerning the order actually made is not open to review.</p> <p>Id.—Record Evidence not Required.—The common-law rule that after the term there can be no amendment of a record unless there is something in the record to amend by, does not apply to the amendment of minute entries or orders of court not forming a part of the judgment roll; and the court may amend such minute entries or orders to correspond with the facts upon any competent evidence showing what were the facts, and that a mistaken entry was made by the clerk.</p> <p>Id.—Time for Amf.ndment—Power of Court.—The power of a court to amend its records so. that they may correspond with the fact, and correctly express what was done by the court, may be exercised at any time.</p> <p>Id.—Amendment of Order of Dismissal—Motion of Codefendant— Lapse of Time—Vacation of Judgment.—Where an order dismissing an action was entered by the clerk in the minute-book in connection with an order sustaining a demurrer of part of the defendants t