280 Mass. 292 | Mass. | 1932
A claimant’s bond to dissolve an attachment of funds in the hands of an alleged trustee in an action begun by trustee process in the Superior Court was filed in court on July 2, 1929, and a record of such filing was then made on the docket. The clerk of the court issued under the seal of the court a certificate that such bond had been filed and the trustee, upon presentation of this certificate and before the entry of the writ, paid to the claimant the funds held by it under the attachment. At some later time the plaintiffs directed the attention of the clerk of the court to the fact that the claimant had not entered an appearance in the case and thereupon the clerk without any order of court struck from the docket the entry he had made, the bond itself remaining among the papers in the case. Before judgment, but after the trustee had been charged on its answers to interrogatories, a motion of the trustee to correct the docket by adding thereto a record of the filing of the bond on July 2,1929, was allowed by a judge of the court. The plaintiffs excepted to the allowance of the motion and to the refusal of the judge to give certain requests for rulings.
The sole question here presented is whether the judge erred in allowing the motion to amend the record. There is an inherent and necessary power in a court of justice acting on the motion of an interested party, at the suggestion of one not a party, or on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth. Balch v. Shaw, 7 Cush. 282, 284. Merrill v. Kaulback, 158 Mass. 328, 329. Farris v. St. Paul’s Baptist Church, 220 Mass. 356, 359. Everett-Morgan Co. v. Boyajian Pharmacy, 244 Mass. 460, 462. It is very plain that the judge
Exceptions overruled.