Dewey v. Ten Eyc

3 N.J.L. 1023

• Court: Supreme Court of New Jersey
• Decided: February 15, 1813
• Status: Published

Opinion

Kirkpatrick, C. J. — and Rossell, J.

— Were of opinion, that this was not the error of the court, but a misprision of the clerk, and amendable.

Pennington J.

— I have had some doubts as to the propriety of this amendment, it going to the introduction of a new judgment; but on a little inflection, [*] I concur with my hrethern. From the voluminous subject of amendment found in our law books, I think this rule is to be extracted, that where the court pronounces a wrong judgment, it cannot be amended after the term; but the error of the clerk in recording the judgment pronounced, may; that is, the record may be so amended as to comport, with what was really and truly done.

Kirkpatrick, C. J. — That is the true rule. By all the Court. — Let the amendment be made.