Swain v. Naglee
Cases that cite this one
14 later published cases cite this decision.
- Castro v. Richardson (Cal. 1864)
- Davis v. Rudolph (Cal. Ct. App. 1947)
- Rogers v. Biggstaff's (Ky. Ct. App. 1917)
- Chester v. Graves (Ky. Ct. App. 1914)
- City and County of San Francisco v. Brown (Cal. 1908)
- Lovett v. State (Fla. 1892)
- Fallon v. Brittan (Cal. 1890)
- Territory of Montana v. Clayton (Mont. 1888)
- Dreyfuss v. Tompkins (Cal. 1885)
- In re Estate of Schroeder (Cal. 1873)
- Mayo v. City of Sacramento (Cal. 1870)
- Comanche Mining Co. v. Rumley (Mont. 1870)
- Hegeler v. Henckell (Cal. 1865)
- Casement v. Ringgold (Cal. 1865)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.