Robb v. Bostwick

Citations

• 5 Scam. 114

Syllabus

<p>Appeal from Morgan.</p> <p>1. Practice — entry nunc pro tunc. The record of a cause showed that the summons was returnable to the March term, 1839, and that at that term the defendant appeared and filed several pleas to the action, upon which issues were -taken, and the cause continued. At the succeeding June term no order was made in the cause. At the next November term the defendant filed a plea of non assumpsit; and on a subsequent day of the same term a judgment was entered, reciting that it appeared from the minutes of the judge, that at the preceding term the defendant had withdrawn his pleas, and judgment was given for the plaintiff; and the clerk having omitted to enter the same on the record, he was therefore ordered to.enter the judgment as of the last March term, which was objected to by the defendant: Held, that the judgment was erroneous, and must be reversed: Held, also, that the court had power, at the November term, to enter a judgment for the plaintiff; and that the plea of the defendant, being filed without leave, interposed no obstacle to the exercise of this power, and should have been stricken from the files, (a) </p> <p>2. Sa.me — directions to court below. In this case the cause was remanded, with directions to enter a judgment at the next term.</p>