McDonald v. Watkins

4 Ark. 624

• Court: Supreme Court of Arkansas
• Decided: July 15, 1842
• Status: Published

Opinion

By the Court,

Dickinson J.

This is an application to change and alter a record of the circuit court, by striking out, upon affidavit, the appearance of the defendants, and thereby, in effect, erasing the judgment of that court. We look upon the permitting of amendments, as a power which should be exercised with great caution and delicacy, after the case has been finally disposed of, and that court adjourned, lest in answering the substantial purposes of justice, it might lead to great mischief and injustice. It is not our intention to enter into a discussion of the doctrine of amendments; and indeed it is difficult to limit the discretion of the courts upon that subject within any certain or prescribed bounds. We certainly should not deem ourselves authorized to interfere with the record, in this instance, for in the entry preceding the judgment, it states affirmatively, “ on this day, came the parties, by their attornies, and the said defendants, as well as the said plaintiff, entered their waiver of all exception” to the judge then sitting in the case.

In matters of doubt, all presumptions are in favor of the court below. Besides, it appears by the showing of the plaintiffs in error, that, with a knowledge of the judgment against them, nearly one year elapsed before there was even a suggestion of error in the entry.

Judgment affirmed.