clerical error
Defined in 8 dictionaries — Case Law, U.S. Code, Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Burrill (1850)
Definitions from Case Law
From 275 U.S. 70 - Fairmont Creamery Co v. State of Minnesota · 1927Most cited · 215 citing opinions
The distinction between cases, in which provisions as to interest or costs may be changed after the term and those in which they cannot be, lies in the nature and source of the alleged error. If it is made by the clerk in following or not following a rule of court, or for some other reason, the error may be remedied; but, if the action complained of was approved by the court, it is beyond recall.
United States Code
19 U.S.C. § 1584 — in this section (2 versions over time)
Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the manifest to the officer (whether of the Customs Service or the Coast Guard) demanding the same shall be liable to a penalty of $1,000, and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel or vehicle which is not included or described in said manifest or does not agree therewith, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest shall be liable to a penalty equal to the lesser of $10,000 or the domestic value of the merchandise so found or unladen, and any such merchandise belonging or consigned to the master or other officer or to any of the crew of such vessel, or to the owner or person in charge of such vehicle, shall be subject to forfeiture, and if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other person in charge or the owner of such vessel or vehicle or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest shall be subject to a penalty of $1,000: Provided, That if the Customs Service shall be satisfied that the manifest was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred. For purposes of this subsection, the term “clerical error” means a nonnegligent, inadvertent, or typographical mistake in the preparation, assembly, or submission (electronically or otherwise) of the manifest.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
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.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Law Dictionary and Glossary
George C. Kinney · 1893
A mistake in writing or copying; the mistake of a clerk, or writer.
A Dictionary of Law
Henry Campbell Black · 1891
A mistake in writing or copying; the mistake of a clerk or writer. 1 Ld. Raym. 183.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
[L. Lat. vitium clerici.] A mistake in writing or copying; the mistake of a clerk, or writer. 1 Ld. Baym. 183.