144 Ga. 55 | Ga. | 1915
The foregoing recital is sufficient to show that there was a misjoinder of parties and causes of action. It would seem that there were three main purposes: first, to enforce said agreements, one of
It was contended that the order had not been put upon the minutes, and was not binding. While it is the duty of the clerk to enter orders and judgments on the minutes, they are nevertheless binding from their rendition; otherwise the clerk and not the judge would make a ruling effective. If the clerk fails to perform his duty, he may be compelled to do so; but if a case has been heard and an adjudication has been made and a judgment has been duly filed by the presiding judge, it does not "remain open as an unfinished or incomplete judgment, so as to be changed at the request of one party without proper application and notice to the other. Moreover, if the allowance of the amendment after the rendition of the judgment could be treated as affective, it went no further than to strike the names of the executors of George H. Camp as parties defendant. Even if this were done, it would not wholly relieve the case from being demurrable on the ground indicated. It would simply affect the particular demurrer based upon their being parties defendant.
Judgment affirmed.