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8 Blackf. 100

M'Manus v. Richardson

Indiana Supreme Court

Decided June 3, 1846

Indiana Supreme Court · decided 1846-06-03

<p>A scire facias against A. and B. was returned served on the former and “ not found” as to the latter. Judgment by default against both defendants. Held, that the mistake in rendering judgment against B. was a clerical one, and might be amended. '</p> <p>The Supreme Court amended said mistake; the parties having agreed that if the Circuit Court could make the amendment, the Supreme Court might malee it.</p>

Relies on Fite v. Doe · King v. Anthony

Good law ✅— No negative treatment on recordhow we know

Decided 1846-06-03

How this case has been cited

Cited by 6 later decisions — most recently March 1906

6 state decisions

201846185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blackford, J.

¶1Scire facias in favour of Richardson and another against M‘Manus and Chess on a justice’s transcript to have execution, &c. The sheriff returned the writ served on M‘Manus, and “not found” as to Chess. Judgment against the defendants for the sum of, &c., and that execution issue against their goods and chattels, lands and tenements.

¶2The defendants in error have moved this Court to amend the judgment, the adverse party agreeing that if the amendment could be made by the Circuit Court, it might be made in the Supreme Court. The amendment proposed is, that the judgment be so altered as to be against M‘Manus alone. We think the error in the entry of the judgment is shown by the proceedings previous to the judgment, to be a clerical one, and that it is therefore amendable. In ejectment, if the judgment be entered “ that the plaintiff recover the damages and costs,” omitting that he recover his term, it may be amended éven after error brought. 2 Viner’s Abr. 310.— Fite v. Doe, 1 Blackf. 127. So, where judgment is entered against an administrator de bonis propriis, when it should be against the goods of the intestate, it may be amended after error brought. Short v. Coffin, 5 Burr. 2730. — King v. Anthony, 2 Blackf. 131. These are similar cases to the one before us. The motion is sustained.

Per Curiam.

¶3The amendment having been made, the judgment is affirmed.

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