Clerical Error

An error made by a clerk in transcribing or otherwise. This is always readily corrected by the court. An error, for example, in the teste of a fi. fa.; Baker v. Smith, 4 Yeates (Pa.) 185; Berthon v. Keeley, id. 205; or in the teste and return of a vend, cxp.; or in a certificate of a notary; Schwarz y.

Baird, 100 Ala. 154, 13 South. 917;

— or where an action is begun by one plaintiff and is afterwards amended by adding additional parties, the entering of judgment in favor of "the plaintiff" instead 1 Dall. (U. S.) 197, 1 L. Ed. 97;

— or in writing Dowell for Mc Dowell; Peddle v. IIollinshead, 9 S. & R. (Pa.;: a; Citizens' Bank v. Farwell. 56 6 C. C. A. 24; Storke v. Storke, 99 CaL 621, 34 Pac. 339. An error is amendable where there is something to amend by, and this even in a criminal case; Benner v. Frey, 1 Binn. (Pa.) 367; 12 Ad. & E. L'17;

— for the party ought not to be harmed by the omi of the clerk; Jack v. Kales. 3 Binn. (Pa.) 102; even of his signature, if he affixes the Mc Cormick v. Meason, l s. & R. (Pa.) '.»T. Where a clerical error has crept into a decree, the court will rectify it, though the decree has been passed and entered; Hovey v. Mc Donald, 109 U. S. 157, 3 Sup. Ct 1 L Ed. 888; but not after the term without notice, especially where the condition of the parties has changed; Wetmore v. Karrick, 205 U. S. 141, 27 Sup. Ct. 434, 51 L. Ed. 743.