Conn v. Doyle

• Decision Date: 01 January 1810
• Citation: 5 Ky. 248
• Parties: Conn vs. Doyle.
• Court: Kentucky Court of Appeals

5 Ky. 248

Conn vs. Doyle.

Court of Appeals of Kentucky.

Fall Term, 1810.

THIS was an appeal from a judgment quashing an execution. When the judgment was rendered, an entry was made for granting an appeal to the plaintiff, upon his giving bond and security, &c. in thirty days; before the thirty days were out plaintiff took out execution.

At the next term an entry was made amending that of the former term, so as to grant the appeal to the defendant,

instead of the plaintiff, and the defendant (having given previous notice) moved to quash the execution, which was accordingly done.

By the COURT. — The amendment of the record of the former term was made from the recollection of the court and the clerk that the defendant had prayed the appeal, and that the entry was made by the mistake of the clerk.

During the term, the court has power to alter or amend the record according to the truth of the case, but after the term expires the court ceases to have such power, except in cases of clerical misprision; and even in those it is an inviolable rule that no amendment can be made unless there is something in the record to amend by. This rule is necessary to preserve that sanctity and verity which in contemplation of law the record possesses. For if the record could be altered or amended by any thing but itself, it would in point of verity be inferior to that by which it is amended.

There being nothing in the record to amend by in this case, the alteration in the entry of the prayer and grant of the appeal was unauthorized, and the order quashing the execution, being predicated on the pendency of an appeal taken by the defendant, which the record shows not to have been the case, is erroneous and must be reversed, &c.