Muri v. Frank’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Clerical mistakes and errors are those errors which misrepresent the court’s original intention. It is not the purpose of Rule 60(a) to set aside a judgment actually rendered nor change what was originally intended.... Tn case of an omission or error in the record, the power exists in the court to amend such record so that it shall conform to the actual facts and truth of the case; but a court cannot amend its record to correct a judicial error or to remedy the effect of judicial non-action.... The authority of a court to amend its record by a nunc pro tunc order is to make it speak the truth, but not to make it speak what it did not speak but ought to have spoken.... Errors into which the court itself falls can be corrected only by motion for a new trial or by appeal. ... [Ojrders made by a court through mistake, inadvertence, want of sufficient consideration, oversight or otherwise, where they affect the substantial rights of litigants are judicial errors and cannot be corrected or removed by summary action of the court which made them[.]””

   1 later decision quote this exact passage · from the majority
   e.g. Funke v. Estate of Shultz