Cobb v. Wood, 8 N.C. 95, 1 Hawks 95 (1820)

June 1820 · Supreme Court of North Carolina
8 N.C. 95, 1 Hawks 95

Cobb v. Wood.

After the term at which a cause was decided, the Supreme Court will not amend the judgment mine pro time on the motion of one party without notice to the adverse parly: But upon such notice, the amendment will be allowed.

in this case, a judgment bad been rendered against Wood, the, Defendant, in the Court below, which, upon appeal by him, was affirmed in this Court at May Term, IS 19. The record, by some omission of the Clerk below, did not state the precise sum of the recovery and costs, so that execution could not be issued from this Court.

Gaston, for the appellee,

moved now to enter it mmc pro tunc, and he had brought up the whole record.

But

the Court

said, that the parties were now out of Court, and it would be a dangerous practice to allow it, *96as a spurious record might be brought up, or the judg-mevit may have been satisfied: And the. motion was refused.

^ a subsequent day, Gaston renewed bis motion, having in the mean time served the appellant with notice, of it, and he not appearing to oppose it, it was all ¡wed, and the judgment for the specific sum entered nunc pro tunc.