Idaho Supreme Court, 1928

McGonagle v. Chaffee Auto Co.

Idaho Supreme Court · Decided November 22, 1928 · Taylor

272 P. 257; 47 Idaho 32; 1928 Ida. LEXIS 47

Counsel

Walter H. Anderson, for Appellants. A judgment rendered in an action against a copartnership which judgment however is rendered against a corporation of the same name as the partnership is void. ( Baxter v. Jones , 185 Fed. 900; Soper v. Clay City Lumber Co. , 21 Ky. Law, 933, 53 S.W. 267.) Thomas Andersen, for Respondent. "The Court may reverse, affirm or modify any order or judgment appealed from and may direct the proper judgment or order to be entered. . . . ." (C. S., sec. 6446.) Where through mistake there has been a failure to enter the judgment pronounced, the court has power to correct the matter and to order the proper entry made. Clerical mistakes in judgments may be corrected at any time. ( Wylie v. Kent , 28 Idaho 16 , 152 P. 194 ; Kerns v. Morgan , 11 Idaho 572 , 83 P. 954 ; Shumake v. Shumake , 17 Idaho 649 , 107 Pac. 42 .)

Opinion of the Court

This action was brought against the defendants, as copartners, doing business under the firm name of Chaffee Auto Company. The allegation of partnership was admitted. The jury's verdict was "for *Page 33 the plaintiff, and against the defendants." The clerk inadvertently entered the judgment against "the Chaffee Auto Company, a corporation."

A careful consideration of the entire record, as tested by the assignments of error, has convinced us that the judgment should be affirmed.

It is therefore ordered, that with the substitution of Geo. E. Chaffee and R.G. Rowe, for "the Chaffee Auto Company, a corporation," the judgment is affirmed. Costs to respondent.

Addendum

The foregoing is approved as the opinion of the court and, with the substitution directed, the judgment is affirmed with costs to respondent.

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