135 Iowa 364 | Iowa | 1907
The question is, then: Was an order correcting the record entry as to the, date on which the judgment was rendered proper to be made on the motion as filed by plaintiff ? Counsel for appellee says such an order was not warranted, and this for two reasons: First, the judgment was a verity
and could not be attacked in the way proposed; second, the motion came too late. There is no merit in either position. Of course, the recitals of a judgment, valid on jurisdictional grounds, cannot be attacked collaterally, either as to the record date thereof or otherwise. - So, too, on appeal from a judgment the date thereof as shown by the record must be accepted as a verity until corrected by proper proceedings. Holmes v. Budd, 11 Iowa, 190; Mornyer v. Cooper, 35 Iowa, 260; Buck v. Holt, 74 Iowa, 294. But, as there is no appealable judgment until an entry thereof is made of record, either party is entitled to have the record show the true date of entry. And a failure on the part of the clerk to so enter the judgment would be error. If the rule were otherwise, the clerk, or the successful party, by accident of design, might effectually prevent an appeal. It is quite usual in practice for the successful party to prepare a form of entry, and procure the signature of the judge thereto. If, now, such entry should be withheld from record for six months, and judgment then be entered as of date when the form was approved and signed,- the result would be to cut off the right of appeal entirely.
Having reached a conclusion for error, the question then is: Does the law afford a remedy for its correction ? We need go no farther than the statute to find authority for proceeding as did the present plaintiff. By Code section 4091, the District Court may after the term at which a judgment was-rendered proceed to vacate or modify such