41 Miss. 565 | Miss. | 1867
delivered the opinion of the court.
Judgment was entered in December, 1865, in the court below, in favor of A. G. Grant against E. Moody. In December, 1866, Moody entered a motion in the same court, to vacate and set aside the said judgment, on the ground that the plaintiff
It is well settled that a record cannot be amended after the term, on parol proof of what was done.' There must be something in the record to amend by..' The memorandum of the attorney, filed with the papers, is no part of the record, and amounts to no more than parol proof. Russell v. McDougall, 3 S. & M. 234; Boon v. Boon, 8 S. & M. 318.
The judgment will be reversed, and a judgment entered here overruling the motion of the defendant in error, and sustaining the motion of Moody to vacate and set aside the judgment of the court below, and remanding the cause for further proceedings.