Opinion

Ragan v. . Ragan

  • 212 N.C. 753
  • 194 S.E. 458
  • 1938 N.C. LEXIS 222
Court
Supreme Court of North Carolina
Filed
Jan 5, 1938
Status
Published
Author
WiNBORNE
On the bench
WiNBORNE
Cited by
6 cases
Authority
More cited than 84.9%

The opinion

'WiNBORNE, J.

The judgment below, as certified to this Court, is wholly inconsistent with the findings of fact, and is meaningless. The

*755

defendant, wbo is the moving party, is ordered to pay the allowance to herself. Patently the word “defendant” as it first appears therein was inadvertently and erroneously used for the word “plaintiff.” However, be that as it may, it is the duty of the court below, and not ours, on application, or

ex mero motu,

to correct the record to speak the truth, and to make entries

nunc pro tunc

that were certainly intended to be made, but omitted by mistake, accident, or inadvertence of the court. Such authority is essential.

Wall v. Covington,

83 N. C., 144 ;

Strickland v. Strickland,

95 N. C., 471 ;

Cook v. Moore,

100 N. C., 294 , 6 S. E., 795 ;

Brooks v. Stephens,

100 N. C., 297 , 6 S. E., 81 ;

Durham v. Cotton Mills,

144 N. C., 705 , 57 S. E., 465 ;

S. v. Brown,

203 N. C., 513 , 166 S. E., 396 .

On the face of the judgment, the plaintiff is not the party aggrieved— and is not, therefore, entitled to appeal. O. S., 632.

The defendant may find it expedient to apply to the court for permission to amend her answer and the verification thereof to meet objections made on this appeal.

Moore v. Moore,

130 N. C., 333 , 41 S. E., 943 ;

Martin v. Martin,

130 N. C., 28 , 40 S. E., 822 ;

Nichols v. Nichols,

128 N. C., 108 , 38 S. E., 296 ; C. S., 1661.

The appeal will be

Dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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