69 So. 821 | Ala. | 1915
True, this question was not decisive of the case there under consideration, and may therefore be dictum, but it was nevertheless the declaration of the general, and what seems to be a proper, rule. — 3 Cyc. 50; 3 Am. & Eng. Enc. P. & P. 502-506. Of course, the correction must relate to some clerical misprision or omission in the .record, and must not rest in parol, but upon record or quasi record evidence. Here the deed had been introduced in evidence and was in the file of the papers in thei trial court, and in copying the said deed into the bill of exceptions by a clerical error the township and range was omitted, which omission was not discovered until the bill of exceptions had become a part of the record. The trial court upon proper motion at the succeeding term, with the.record evidence of the original deed, at the time a court paper in the case, corrected this clerical omission so as to make the record speak the truth. This it not only had the authority to
This holding is not in conflict with the case of Briggs v. Tenn. Co., supra, as we did not there hold that a bill of exceptions could not be amended nunc pro tunc by the court at a subsequent term. Nor is it in conflict with the holding of the majority as to amendable defects. The writer did not agree to the holding of the majority, as was the case with two other members of the court, but the majority opinion recognizes the power of the court to make amendments upon proper evidence; they seemed to be of the opinion that the amendment there was based upon parol evidence.
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.