California Supreme Court, 1861

Swain v. Naglee

Swain v. Naglee
California Supreme Court · Decided July 1, 1861 · Baldwin
19 Cal. 127
Swain v. Naglee

Cases that cite this one

14 later published cases cite this decision.

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Opinion of the Court

Baldwin, J. delivered the opinion of the Court

Field, C. J. and Cope, J. concurring.

The entry here of the affirmance of the judgment was, as clearly appears from the context, designed to apply to the order granting the motion for a new trial. This error—if it be one, taking the whole proceeding together—is readily corrected by the record; and all Courts have the power to amend clerical errors and enter a judgment nunc pro tunc, when the record itself discloses the error; and this though the term has elapsed at which the entry was made.

Ordered that the motion to amend be granted, but without costs on the motion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.