Pitman v. Lowe

Decided January 15, 1858

Supreme Court of Georgia · decided 1858-01-15

Motion to enter judgment Nunc pro time, from Crawford. Decision by Judge Powers. September Term, 1857. Held: that if interest was not to be calculated upon said verdict, from its date, it was void for uncertainty, as no time was designated by said verdict, from which interest was to be computed. To which ruling counsel for Pitman excepted.

Cited by 1 later decisions — most recently November 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-01-15

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Lumpkin L,

¶1By the Court delivering the opinion.

¶2This was not a motion to enter a nunc pro tunc judgment, but to amend the judgment by inserting interest, or rather the time from which interest should be computed. And this could only be done by explaining, by parol testimony, how the jury ascertained the amount of principal which they found to be due, and thereby fix the time when it became due.

¶3We think the Court was right in rejecting this proof.

¶4It is going very far, to allow a verdict to be amended by the declaration ; and the judgment by both writ and verdict. *431Beyond this,the Courts should refuse to go, particularly after the judgment has been satisfied and much time has elapsed.

¶5Judgment affirmed.