Swain v. Naglee

Citations

• 19 Cal. 127

Syllabus

<p>Where on appeal from an order granting a new trial, the Supreme Court affirmed the “judgment” below, and the remittitur was issued, and then, at a subsequent term, respondent moved the Court to amend its judgment by making it read, “ the order of the District Court granting a new trial is affirmed,” instead of “the judgment is affirmed: ” Held, that the motion will be granted, on the principle that Courts have the power to amend clerical errors and enter a judgment nunc pro tunc, when the record itself discloses the error, even though the term has elapsed.</p> <p>Costs of the motion not allowed.</p>