Unknown County MI Archives Court.....Bates, V. Garrison 1837
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File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 August 9, 2008, 7:22 am

Source: Cases In Chancery
Written: 1837

CASES IN CHANCERY
FIRST DISTRICT.

George C. Bates v. John D. Garrison.


Amending decree. The court of chancery has the power to direct the alteration 
or correction of a decree after it has been entered, either upon motion or 
petition, where there is evidently a mistake or clerical error. (a.)

This was a motion to correct the record, by amending the decree entered at the 
term previous.

The motion was founded upon an affidavit which stated that the suit in which 
the decree was entered was for the foreclosure of a mortgage; that the 
mortgage was given for the purchase money, and that that fact was stated in 
the bill; that the decree was by mistake entered for a sale of the mortgaged 
premises, in default of payment, etc., in two years and three months from the 
time of filing the bill, instead of one year and three months.

A. D. Fraser, in support off motion, cited Seaton's Forms, 275; 1 Hoff. Ch. 
Pr., 559.

The Chancellor.—This court unquestionably has the power to direct the 
alteration or correction of a decree after it has been entered, either upon 
motion or petition, where there is evidently a mistake or clerical error. In 
this case there was evidently a mistake or error in the decree for the sale of 
the mortgaged premises in two years and three months, when the party was 
entitled to take his decree for a sale in one year and three months from the 
time of filing the bill.

The register is, therefore, directed to make the proper correction or 
alteration.

And the alteration having been made by the register, the chancellor put his 
initials to the same.

----------------------
(a.) See Jerome v. Seymour, Wal. Ch., 359. And as to the power of a court to 
amend its judgments in general, see Emory V. Whitwell, 6 Mich., 474.

Additional Comments:
CASES DETERMINED IN THE COURT OF CHANCERY FOR THE STATE OF MICHIGAN
BY ELON FARNSWORTH, Chancellor 

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