Smith v. Nolen

Mississippi Supreme Court

Smith v. Nolen

3 Miss. 735

CourtMississippi Supreme Court

DecidedJanuary 15, 1838

StatusPublished

Cited by1 cases

This text of 3 Miss. 735 (Smith v. Nolen) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Nolen, 3 Miss. 735 (Mich. 1838).

Pincite

Opinion

Per Curiam. —

This is an action of debt on a writing obligatory, and on verdict for the plaintiff below, judgment for 366 dollars in damages was rendered in his favor. The only error assigned, and relied on is, that the action was debt, and the judgment was in damages. This, according to the authority, must he considered as a clerical mistake, and not such an error as will justify a reversal of the judgment, especially as it was given on verdict. The judgment might have been corrected at any time by our statute. Hardin’s Rep. 76.

The judgment must be affirmed.

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Per Curiam. —

This is an action of debt on a writing obligatory, and on verdict for the plaintiff below, judgment for 366 dollars in damages was rendered in his favor. The only error assigned, and relied on is, that the action was debt, and the judgment was in damages. This, according to the authority, must he considered as a clerical mistake, and not such an error as will justify a reversal of the judgment, especially as it was given on verdict. The judgment might have been corrected at any time by our statute. Hardin’s Rep. 76.

The judgment must be affirmed.

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Bluebook (online)

3 Miss. 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-nolen-miss-1838.

Opinion

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