Public-domain · open source
OpenJurist

3 Abb. Pr. 103

Hardy v. Seelye

New York Court of Common Pleas

Decided April 15, 1856

New York Court of Common Pleas · decided 1856-04-15

<p>Justice’s Court.—Judgment.—Error in Amount.</p> <p>Even where a justice renders judgment to a wrong amount, through inadvertence, the Common Pleas have not power to correct the error ; they can only reverse the judgment.</p>

Decided 1856-04-15

Brady, J.

¶1The justice announced, on the conclusion of the trial before him, judgment for the plaintiff for the sum of $36, the parties being present; but he inadvertently entered judg*104ment on the process for $13 90. The defendant was notified of this error, and to attend before the justice, to have it'corrected. He did attend, but refused to consent to the alteration, and the justice declined to make it, upon the ground that he had no authority to do it.

¶2We have held that we have no power to give the judgment the justice should have rendered. We can only reverse the judgment, and allow a new action to be brought.

¶3Judgment reversed.

/3/abbpr/103 · .json · Public domain