Glasgow v. Kann
Glasgow v. Kann
Opinion of the Court
Opinion by
The auditor found that in fact the appellant’s judgments were entered first on the index docket, but as he considered that this priority was only established by parol proof which contradicted the record, and could not be received for such purpose, he reported in favor of appellees’ judgment, and in this view the learned judge below concurred.
The principle that the record imports absolute verity and cannot be contradicted, is unquestionable, but it does not apply to the present case.
The auditor reports that “ tho Glasgow judgments appear the nearest to the- top of the page in the index docket, and there are several intervening judgments before the Dysart & Weaver judgment appears below.” The same fact is apparent from the copy of the docket entries attached to the opinion of the court. It was held in Polhemus’s Appeal, 32 Pa. 828, that the judgment docket is prima facie evidence of the order in which liens are entered, and though in that case priority of date was united
The proper practice when errors, clerical or other, are discovered, is not to deface the record with erasures or blots or ■interlineations; but to put on it an explanation showing the error, how it was made, and how and when and by whom corrected. Only in this manner can the record avoid occasional conflict with itself, and bear convincing testimony that it is, as it imports, absolute verity. The reference in the present case by the prothonotary on the judgment docket to the indorse-
Decree reversed and appellant’s judgments directed to be awarded their proper precedence in the distribution.
Reference
- Full Case Name
- James P. Glasgow v. William A. Kann
- Status
- Published
- Syllabus
- Judgment—Indexing judgments—Priority of lien—Act of March 29, 1827 —Mistake—Practice, O. P.- Under the act of March 29, 1827, 9 Sm. L. 219, providing that entries in the judgment docket “ shall be so made that one shall follow the other in the order of time in which the said judgments shall have been rendered, entered or filed,” the order of actual entry, not the mere date on which it appears, determines the legal priority. Where a judgment posterior in position on the docket to another judgment bears an anterior date, and the docket entry of the judgment posterior in position contains the memorandum, “ see indorsement on note ” and on the note these words M'e indorsed, “Filed 6th of January, 1893 .... 11 Jan. ’93 indexed on record but within note having been returned in error with statement to Plff.,” the inconsistency in the record is explained by the reference. A judgment regularly entered in the judgment docket cannot be deprived of its position then acquired by any act of the prothonotary in putting an earlier date to an entry made afterwards lower down on the page. The proper practice when errors, clerical or other, are discovered is not to deface the record with erasures or blots or interlineations, but to put on it an explanation showing the error, how it was made, and how and when and by whom corrected. Mitchell, J.