Ramsey v. Mccauley

• Decision Date: 01 January 1852
• Citation: 9 Tex. 106
• Parties: RAMSEY v. MCCAULEY.
• Court: Texas Supreme Court

9 Tex. 106

RAMSEY

v.MCCAULEY.

Supreme Court of Texas.

1852.

A judgment will not be reversed for any mistake, miscalculation, or misrecital of any sum or sums of money, or of any name or names where there is among the records of the proceedings in the suit any verdict or instrument whereby such judgment or decree may be safely amended. (Note 26.)

Error from Washington. This was an action upon a promissory note by George J. McCauley against John Ramsey, the plaintiff in error. The defendant answered by plea of general denial, statute of limitations, and payment. After a trial, appeal to the Supreme Court, and reversal of the judgment, the cause again came on for trial, the record reading as follows:

+----------------------------------------------------+
                ¦“J. H. McCauley¦)¦                                  ¦
                +---------------+-+----------------------------------¦
                ¦v.             ¦)¦District Court, Spring Term, 1850.¦
                +---------------+-+----------------------------------¦
                ¦John Ramsey,   ¦)¦                                  ¦
                +----------------------------------------------------+
                

This day came the parties and thereupon came a jury, to wit, &c., good and lawful men, who were duly elected, &c., and upon their oaths do say, we, the jury, find for the plaintiff seven hundred and fifty dollars. (Signed by the foreman.) It is therefore considered by the court that the plaintiff recover of the defendant,” &c.

Then followed a motion for a new trial, entitled George J. McCauley v. John Ramsey, then an order that the motion be overruled, entitled J. H. McCauley v. John Ramsey, then a statement of facts entitled George J. McCauley v. John Ramsey. The defendant prosecuted a writ of error. The defendant in error moved the court to correct the error of the clerk of the District Court in entering up the judgment.

After the defendant had procured a writ of error at the Fall Term, 1852, the mistake was, on motion of the plaintiff, after notice to the defendant's attorney, corrected by the District Court, as appeared by a transcript of the proceedings.

J. Webb, for plaintiff in error.

J. Sayles, for defendant in error.

LIPSCOMB, J.

In this case, in the court below, when the clerk entered the verdict of the jury, in stating the case in the margin he entered it J. H. McCauley v. John Ramsey, and then entered the verdict of the jury. The whole proceedings had been in the name of George J. McCauley v. The Plaintiff in Error. The verdict did not give the name at all, and the judgment followed the verdict without giving the name of the plaintiff, but referring to each as plaintiff and defendant, and not distinguished in any other way. This judgment was rendered at the Spring Term, 1850. The record shows that at the Fall Term, 1852, this error, if any, was corrected by order of the court by the insertion of the name of ...