Scamman v. Bonslett’s Empirical Analysis

Citation profile

34 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A court may at any time render or amend a judgment where the record discloses that the entry on the minutes does not correctly give what was the judgment of the court. (Morrison v. Dapman, 3 Cal. 255 .) “Any error or defect in a record occurring through acts of omission or commission of the clerk in entering or failing to property enter of record the judgment or proceedings of the court—in short, what may be termed clerical misprisions—may, the record affording the evidence thereof, be corrected at any time by the court upon its own motion or on motion of an interested party either with or without notice. Where, however, an inspection of the record does not show the error, and resort must be had to evidence aliunde, courts will require notice to be given of a motion to amend a judgment to the parties to be affected thereby, and a motion for the amendment of a judgment in such last-mentioned case must, under section 473 of the Code of Civil Procedure, be made within six months, except in cases where personal service of summons has not been had, in which cases the court may grant relief within one year after the entry of judgment. [Citing cases.] “Again, amendments to judgments can only be allowed for the purpose of making the record conform to the truth, ' not for the purpose of revising and changing the judgment. (Black on Judgments, sec. 156.) The same author adds: “ ‘If, on the other hand, the proposed addition is a mere afterthought, and formed no part of the judgment as ”

   1 later decision quote this exact passage
   e.g. Goatman v. Fuller