Carver v. Adams
Carver v. Adams
Opinion of the Court
The opinion of the court was delivered by
This is a petition to amend the docket entries and record as to damages and costs, in a case which was heard in this court two years ago.
It seems that as to the costs there has been already a substantial compliance with the petitioner’s claims. If this were not so, we should be unable, on petition or appeal from the clerk, to correct errors which are not apparent upon'the face of the taxation, unless such errors are disclosed either by proof, or by a report of the facts from the clerk. It is the better practice to require the appellant from the clerk’s taxation, to procure a report from the clerk of his finding upon all questions of fact material to be understood in passing upon the alleged error, so that the court may be relieved from hearing testimony upon those minor matters.
The principle subject of complaint, and the only one so before us as to be susceptible of revision, is the alleged error in the docket entry of the plaintiff’s recovery in the case Adams v. Carver, of $247.13 as damages. It is admitted that this is a correct statement of the amount of the plaintiff’s recovery, but it is urged that it is called by the wrong name. The record states particularly and accurately how this sum is arrived at and made up ; that the action was debt; that the plaintiff “recovered as debt, $129.29,” and “as damages, $140.34 ;” that “ the said debt and damages amount in the whole to the sum of $269.63, and deducting therefrom the defendant’s
Reference
- Full Case Name
- George W. Carver v. George W. Adams
- Status
- Published