64 Iowa 312 | Iowa | 1884
It appears from tbe averments of tbe petition that on tbe first day of March, 1877, tbe defendants, Henry Kassing and Celinda Kassing, executed and delivered tlieir promissory note to tbe defendant, Loper, by which they promised to pay to tbe order of Loper tbe sum of $1,100 in five years, and that on tbe first day of March, 1882, Loper indorsed tbe note to tbe plaintiff, — tbe indorsement being in these words: “For value received, I hereby assign tbe within note to John G. Boscli, March 1, 1882.
“W. E. Loper.”
It appears from the record in this case that at the term at ' which the judgment was entered a formal decree was prepared by counsel in the case, and the same was signed by the judge, and the clerk copied it into the records of the court. But the records of the term had not been signed by the judge, as required by section 176 of the Code, up to the time defendant presented his motion to correct the same by expunging the judgment against him. It is provided in section 178 of the Code that “the record aforesaid is under the control of the court, and may be amended, or any entry therein expunged, at any time during the term at which it is made, or before it is signed by the judge.”
The ].>raetice of procuring the signature of the judge to a form of the decree is to be commended. It tends to secure accurate records, but it is not the signing "of the record contemplated by statute. It is true, also, that the recording, correction and approval of the record, and the signature of the judge, are not essential to its validity, but executions may
The motion made in this case was a direct attack upon the record, made within the time prescribed by section 178 of the Code, and we think the court was authorized to amend the same by making suck a record ' as should have been made upon the pleadings and facts in the case.
Affirmed.