This is a motion to amend the verdict after judgment, and where there is nothing to amend by. We recollect no precedent of such a case. To permit it here, would be to make a new verdict for the jury.
Motion overruled.
Baker v. Moore, 5 N.C. 637, 2 Car. L. Rep. 637 (1816)
July 1816
·
Supreme Court of North Carolina
5 N.C. 637, 2 Car. L. Rep. 637
Baker v. Moore.
Debt on bond in the County Court of Hertford, where at May Sessions 1815, a verdict was found for the plaintiff, but by mistake in calculating interest or entering up the verdict there was a deficiency of $ 61 46. At August Sessions 1815, the mistake was discovered and a rule obtained on the defendant to show cause why the verdict should not be amended and an execution issue for the deficient sum. This rule was made absolute at February Sessions 1816, and the defendant appealed to the Superior Court, whence the case was transmitted to this Court.
Browne, in support of the amendment,
cited 1 Wils. 33, 2 Str. 1197. 1 Salk. 47. Dough 376. 3 Term Rep. 849, 659, 749.