Harrison v. Harrison

Supreme Court of North Carolina
Harrison v. Harrison, 114 N.C. 219 (N.C. 1894)

Harrison v. Harrison

Opinion of the Court

Per CuriaM:

We listened with great interest to the argument of our able and learned brother in behalf of the appellants and have examined with much care the numerous authorities to which he referred. None of them, we think, go to the extent claimed by him. It is admitted that the order which is sought to be amended is precisely as the Judge dictated it, and this order has been construed by the decision of this Court. 109 N. C., 346. It is now insisted that this construction is not what the Judge intended, and we are asked to practically reverse our decision by allowing the order to bo amended so as to convey the real intention of the Judge in making it. Undoubtedly the Courts have an inherent power to correct their records so as to make them speak the truth, but this principle does not apply here, as the record contains the exact language of the Judge, and the only objection urged is that we have construed it erroneously, or that he did not express it in such a way as to convey his true meaning. It must be manifest that if such an amendment can be allowed there will never be an end to litigation. We think the ruling of his Honor should be Affirmed.

Reference

Full Case Name
REBECCA HARRISON, Administratrix of Robert Harrison v. NANCY HARRISON
Status
Published
Syllabus
Amendment of Record, when allowed. While Courts have an inherent power to correct their records so as to make them speak the truth, this principle does not apply when the order sought to he amended has been construed and affirmed by this Court and contains the exact language of the Judge by whom it was dictated and signed, the ground upon which amendment is sought being that the language used by the Judge and the construction put upon -it by this Court did not convey the true meaning of such Judge.