Dewey v. Ten Eyck

3 N.J.L. 1024

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.

Pekhsxn'Gtoit, 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 reflection, [*] I concur with my brethren. From the voluminous subject of amendment found in our law books, 1 think this rule is to be extracted, that where the court pronounce a wrong judgment, it cannot be amended after the [747] 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 ale the Court. — Let the amendment be made.

Cited is Hay v. Estell, 3 C. E. Gr. 251; Davis v. Township of Delaware, 13 Vr. 515.