...— MISPRISIONS OF THE CLERK — CORRECTION. — Misprision of the clerk in entering a judgment may be corrected upon motion with notice by the court in which the judgment or ...appellant was convicted on four charges and the sentences were to run concurrently and by misprision of the clerk they were entered to run consecutively, a...the order and judgment of the trial court that his several sentences should run concurrently, but the clerk, by mistake or misprision entered some of the judgments upon ...

...book, or on the judge's docket. That it can only be employed to correct a clerical error or a misprision of the clerk.' In Wiggins v. Perry, 343 Mo. 40...employed to correct a clerical mistake or misprision of the clerk." Such an entry cannot be invoked to "correct a mistake or oversight of the judge, nor be used to correct judicial errors, nor to...misprision of the clerk. It can never correct a mistake or oversight of the judge, nor be used to correct judicial errors, nor to render a judgment different from that actually rendered, even thou...

...to reflect that which occurred but was not recorded due to the misprision of the clerk; a court may not, however, change the record to do that which should have been done but was not. 3. APPEAL ER...that which occurred but was not recorded due to the misprision of the clerk. A court may not, however, change the record to do that which should have been done but was not...certification under ARCP Rule 54(b), and not because of a misprision of the clerk in failing to record that determination. Finally, even if the second order had been validly ma...

...affirmance of the judgment below, with its legal consequences, and not an error of mere form, or a clerical error, or a misprision of the clerk, or the like. Jackson v. .... Where a cause has been finally disposed of here, by the dismissal of the writ of error, this court has no power, at a subse...there had been a judgment of affirmance, interest during the pendency of the writ would have been allowed on the amount of the judgment below, and in the judgment of dis...

..............." It so appears in the original transcript of the record of the criminal court, but at the last April term, on the suggestion of the Attorney General ... THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, vs. HARRISON HOWARD, Plaintiff in Error. No. 21824. Judgment affirmed.... Supreme Court of Illinois. Opinion filed June 16, 1933. WRIT OF ERROR to the Criminal Court of Cook county; ...

.... It is true that the court has power after the expiration of the term to vacate or modify a judgment for clerical misprision, Civil Code of Practice, sec. 518, subsec. 3, and that the pr...not by the Begleys. Except in the manner and for the causes set out in section 340 and 518, Civil Code of Practice, none of which are relied on except misprision of the ...the court, which began on February 15th, and continued for 24 juridical days. On April 6, 1932, and after the expiration of the February term, Laura E. Begley filed in the office of the ...

.... The defendant seeks to avoid the force of these decisions on two grounds: (1) because the action dismissing the case at the calling of the list in June, 1899, and the ...dismissing the case nor in entering judgment in the following July. But such action was within the jurisdiction of the court. That it was done is attested by the records. The record .... A.E. Burr, for the plaintiff in error. H.T. Richardson, for the defendant in error John F. McKay, the assignee of ...

...Superior Court "dismissed the appeal," and affirmed the judgment of the County Court, is evidently a misprision of the Clerk. The proper judgment was to affirm ....) MOTION to dismiss a suit for the want of a prosecution bond, heard before SAUNDERS, Judge, at the last Superior Court of Onslow.... Strange, for plaintiff. Moore, for defendant. The giving of...

.... Payea, 138 Mass. 61. At common law no amendment of any kind could be made after the term for any purpose. The power to amend for "misprision of clerks" was ..., showing there had been a final decree which the clerk, through mistake, had failed to include in the record, and the court permitted the filing of a new transcript. Mr. Justice Story, delivering..., affirmed the "power of this court to reinstate any cause dismissed by mistake," the case had been dismissed at the first hearing, as Mr. Justice Story distinctly says, from a "misprision of ...

.... We are of the opinion that the motion should be sustained. The proceeding in the court below was one to vacate and modify,...by said judge, which defendant later presented to the clerk of the said court, who failed and refused to recognize the same, but entered said judgment of November, 20, 1908, for the full .... Error from the United States Court for the Western District of the Indian Territory, at Muskogee...

...case the court on page 426 makes the following statement of the law, "We think from the evidence upon which the order here in question was made it clearly appears that the decree entered ... CORINNE ARBUCKLE LANKTON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELESCOUNTY et al., Respondents. Docket No. L.A. 15563...to review an order of the Superior Court of Los Angeles County modifying a judgment or to prohibit said court from making such an order. Ben F. Lindsey, Judge. Writ of prohibition granted; motion to...

...time, petitioner was informed and believed that the cause had been dismissed on motion of the defendant and was so disposed of, and so paid no further attention to it. The petition alleges that some time a..., upon notice given, to reform its records so as to make them speak the truth, whether such action be taken because of a misprision of the clerk or a malfeasance, and such amendments may be made a.... City of Chicago, 148 id. 90.) In this case there is no note or memorandum indicating a material misprision of the clerk concerning the order actually entered. All of the...

...judgment 6 per cent. interest when required by a rule of the Court was held to be a clerical error that could be corrected after the term. So it is said that the inclusion of the costs in this cas...judgment of this Court by the clerk and approved by the Justice who wrote the opinion disposing of the case, is the act of the Court, not merely of ...that this limitation upon the power of the court does not include mere misprisions of the clerk or clerical errors. Bank of Kentucky...

.... The law is that where upon the trial of a cause, a judgment is shown to have been rendered for one of the parties, and a statute directs what that judgment shall be, it is presumed t...motion, the presumption obtains that it was the statutory judgment which the court intended, and the failure of the judgment entered to have conformed to the mandatory provisions ...the petition as owning or claiming any property or rights or to the clerk of the court for them and ... if the amount of such award shall be superseded by a subsequent verdict or amount s...

...entered "now for then" does not render the Amended Order valid or the appeal timely; nunc pro tunc orders may be entered to correct a misprision of the clerk, but the trial court cannot c...entered to correct a misprision of the clerk, but that the trial court cannot change an earlier record to correct something that should have been done but was not. Bradley v. French..., 298 Ark. 494, 769 S.W.2d 12 (1989). The Amended Order in this case was clearly not for the purpose of correcting a ...

...duty to ensure that documents that must be timely filed are timely received; thus, it was counsel's responsibility to follow up on the filing of the notice of appeal to determine the date on which ...purportedly sent a stamped envelope for the clerk to return to him a file-marked copy of the notice of appeal. Counsel never received a copy in the return envelope, nor did counsel contact ...). Thus, it is clear that it was counsel's responsibility to follow up on the filing of the notice of appeal to determine the date on which the notice was received and file-stamped. See Tarry v...

...court was reached on the docket on the last day but one of the term. On the calling of the same, defendant not appearing, it was dismissed "for want of prosecution." On a day in .... Error from District Court, McClain County; R. McMillian, Judge. J. H. Sprouls was convicted of violating an ordinance of the town of...Byars, and, having appealed, judgment of affirmance for want of prosecution was rendered, which was thereafter set aside on motion, from which order the town appeals. Dismissed...

...subscribed the will as a witness, in the presence of the testator, and the omission to set it out was a misprision of the clerk, the county court may permit an ... DOE ON THE DEMISE OF NANCY LEATHERWOOD v. JOHN BOYD. Supreme Court of North Carolina (June Term, 1863....) (124) EJECTMENT, tried before Dick, J., at Spring Term, 1861, of HAYWOOD. The lessor of the plaintiff adduced his title regularly to John...

...apposite because appellee was not constructively summoned to appear in these proceedings; appellant was put on notice of the outstanding motion for summary judgment and, thus, his due process rights were not violated; service by mai.... — Where the circuit clerk could not swear that the summary judgment order had been mailed to appellee or his attorney, but the file copy of the order reflected that copies were mailed by ...) neither Hill nor his counsel received a copy of the summary judgment motion and thus had no opportunity to respond; (2) Hill's due process rights were violated when no n...

...case, the error of fact was presumed not to be the error of the judges and reversing was not reversing their own judgment, it being presumed that the court would not have rendered judgment had it ...to a firm of lawyers which had no connection with the attorney who was representing him in the criminal matter. There, a docket clerk employed by the firm erroneously recorded the summons as havin.... Because of the erroneous entry made by the docket clerk, it was not until December 4, the second return date, that defendant's attorneys filed an appearance in the civil cause and a motion to di...