O'Bryan v. American Investment & Improvement Co.

Citations

• 50 Wash. 371
• 97 P. 241
• 1908 Wash. LEXIS 739

Syllabus

<p>Judgments — Entry—Modification. Where it is conceded that it was the intention of the trial judge to dismiss an action without prejudice, it is error to refuse to modify a judgment which is doubtful in that respect so that its meaning will be clear.</p> <p>Same — Procedure—Power of Court. Since the court has inherent power to modify a judgment entry to make it conform to the judgment actually entered, independent of any statute, it is not material under what statute the party seeks relief.</p> <p>■ Same — Discretion — Appeal — Review. The modification of a judgment entry to make it conform to the judgment actually entered is not a matter of discretion, but an imperative duty, the denial of which may be reviewed on appeal.</p>