119 Ky. 853 | Ky. Ct. App. | 1905
Opinion of the court by
Affirming.
At tlie May, 1902, term of the Nicholas circuit court, the •citizens and tax-payers of that county, who sued in the name
The appellant is proceeding upon the idea that the failure to append this to the judgment at the time it was rendered was a clerical misprision. This is a mistake. Even conceding that this writ should have been awarded or noted at the foot of the judgment of 1902, the failure to do so was an error of law and not clerical in its character, and appellant’s remedy was by an appeal from this judgment. The failure of a court to render a judgment in conformity with’ the law is not a clerical misprision. See Rogers v. Bradford, 8 Bush, 164.
By the section of the statutes referred to it is provided that a capias ad satisfaciendum may issue, except against females, upon all judgments for a trespass vi et armis for seduction, or for slander, written or verbal, or for malicious prosecution. The appellant contends that the action of the sheriff in the collection of the taxes referred to was a tres
Wherefore the judgment of the lower court is affirmed.