61 Iowa 372 | Iowa | 1883
quent day the defendant's motion for judgment on the plea of tender. The statute provides that the court record “is under the control of the court, and may be amended, or any order therein expunged, at any time during the term at which it is made, or before it is signed by the judge.” Code, § 178. Under this section it has been held the court on its own motion may correct its record. Boals v. Shules, 29 Iowa, 507. The court has the power to change the ruling made in sustaining a demurrer, upon discovering its mistake or error, and may expunge the first ruling from the record and make a different one. Brace v. Grady, 36 Iowa, 352. But it is said, the court cannot anni
Affirmed.