¶1thought that the Court ought not now to permit an alteration of the record of the last term for the purpose of making the judgment erroneous, merely because the counsel of the party was so negligent as erroneously to state a fact upon the record, the truth of which he had the means, by ordinary attention, of ascertaining. The judgment was correct according to the record.
2 D.C. 685
Newton v. Weaver & Burdick
Decided May 15, 1826
This was originally a joint action against Weaver and Burdick. Burdick was first taken, and the writ returned non est as to Weaver; but the latter was taken on the second or third writ, before May, 1825. supposing that Weaver had npt at that time been taken, altered his declaration by inserting that fact, and by declaring against Burdick alone, who thereupon confessed judgment.
Decided 1826-05-15