37 Fla. 51 | Fla. | 1896
The defendant in error was the plaintiff in the Circuit Court in an action of replevin, and at the May term, 1888, recovered a judgment against the plaintiff in error, who' was the defendant in the lower court. The verdict in the case was as follows: “We, the jury, find for the plaintiff, and assess damages at one-hundred and forty dollars; so say we all.” The judgment entered upon this verdict was “that the plaintiff, Robert A. Ried, do have and recover of and from the-defendant, P. T. McG-riff, the sum of one hundred and.
The errors assigned here are, the allowing of the plaintiff’s amendment, and refusing to allow the defendant’s. The writ of error was sued out more than two years from the entry of the original judgment. No attack was made upon this judgment, and it is admitted that it must stand. The only question arises upon the amending of such judgment. The rule is settled in this State that a judgment rendered at one term may be amended nunc pro tunc at a subsequent term, when, from an inspection of the record in the •case, it is apparent that the proposed amendment would have been a part of the original judgment, or that the
The orders allowing the amendment of the plaintiff» and refusing to allow the amendment of the defendant, are reversed.