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241 N.C. 612

Parker v. Roberson

Supreme Court of North Carolina

Decided March 9, 1955

Supreme Court of North Carolina · decided 1955-03-09

Relies on Federal Land Bank of Columbia v. Davis · N. C. Joint Stock Land Bank v. Cherry

Decided 1955-03-09

Per Curiam.

¶1“The rule that a judgment is in fieri during the term only and cannot be altered after adjournment relates to judicial and not to clerical errors therein.” Land Bank v. Davis, 215 N.C. 100, 1 S.E. 2d 350.

¶2“The power of the Superior Court, on motion in the cause after notice, to correct clerical errors in the judgment and to make the record speak the truth may not be denied.” Land Bank v. Cherry, 227 N.C. 105, 40 S.E. 2d 799.

¶3The error in the judgment entered at March Term, 1954, plainly disclosed by the record itself, is an obvious clerical error. Judge Carr’s judgment was the appropriate procedure to correct such error. The assignment of error, upon which defendants’ appeal is based, is wholly without merit. The judgment of Judge Carr is

¶4Affirmed.

Barnhill, C. J., and DeviN, J., took no part in the consideration or decision of this case.
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