Long v. Long

Decided October 15, 1881

Supreme Court of North Carolina · decided 1881-10-15

Judgment n-une'pro tune — Statute of Limitations — Amendment— Widow’s Wear’s- Support- — Interest. It is competent to-the court to allow judgment nunc pro tunc to be: entered in. favor of a- widow against the personal representative of her deceased husband, for an amount covering the deficiency of personal 'estate, so as to make up the total sum allowed as her year's support; and there is' no statute limiting the power of the court in thus amending its record. The widow is also entitled to interest on such judgment. ■ (Bright v. Sugg, 4 Dev., 402, cited and approved.)

Decided 1881-10-15

RuRKiN, J.

¶1Treating the plaintiff’s motion as the clerk and the court both seem to ■ have done, as a motion for a, •judgment nunc pro time, it was correctly allowed. “ The court will in general permit a record to be amended and a> judgment to be entered nunc pro tunc when it has been delayed by the act of the court or the clerk.” Bright v. Sugg, 4 Dev., 492. And we know of no statute that limits the power of the court, or its duty to do this, for a duty it becomes whenever necessary to prevent injustice to an innocent party.

¶2Our only doubt has been with reference to the interest allowed the plaintiff on her judgment, but as the statute (Rev. Code, ch. 31, § 90) declares that every judgment or decree, except for costs, rendered or adjudged in any hind of action, shall bear.interest till paid, we do not see why this one should be made an exception.

¶3No error. Affirmed.