Opinion

Stafford v. Van Zandt

  • 2 Johns. Cas. 66
Court
New York Supreme Court
Filed
Oct 15, 1800
Status
Published
Cited by
0 cases
Authority
More cited than 26.6%

The opinion

Per Curiam.

The variance between the sum reported by the referees and the amount of the judgment, is a fatal error. *66 Without expressing an opinion on the other points, let the judgment for this cause be reversed.

Judgment reversed.( a )

(a) The judgment ought to follow the finding of the referee or of the jury. See Brown v. Chase, 4 Mass. R. 436 . Hence in Bent v. Patten, 1 Rand. 25 , it was decided that an error in entering up judgment as to the rate of interest, was not merely a clerical error, but one which could only be rectified by an appellate court; see also, Hayton v. Hope, 3 Mis. 53 . As to correcting judgments docketed by mistake for less than the true sum; see Hunt v. Grant, 19 Wend. 90 .

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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