Cowan v. Ross
U.S. Court of Appeals for the Third Circuit
Cowan v. Ross, 28 Tex. 227 (3d Cir. 1866)
Donley
Cowan v. Ross
Opinion of the Court
—It was competent for the court, on motion and notice to the plaintiff in error, to amend the entry of a previous term of the court, so that the action of the court shall truly appear by the record. This is believed to have been settled in the case of Burnett v. The State, 14 Tex., 456.. It is there said: “ A record so amended 'stands as if it had never been defective, or as if the entries had been made at the proper term.”
No error is perceived in the record as it now appears in this court, and the judgment is
Aeeirmed.
Reference
- Full Case Name
- William R. Cowan, Adm'r. v. Robert E. Ross
- Status
- 1858
- Syllabus
- It is competent for the District Court, on motion and after notice to the party concerned, to so amend the entry of its judgment rendered at a previous term, that the action of the court shall truly appear by the record; and if, at the time of the amendment, the cause be pending in the Supreme Court, and the error in the original judgment has been cured by the amendment, the Supreme Court, on the proper filing of a transcript of the amendatory proceedings of the court below, will affirm the judgment. (See Paschal’s Dig., Art. 49, Note 241.)