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Baker v. Parrott

Baker v. Parrott, 30 S.E. 420 (Ga. 1898)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
April 1, 1898
Judges
Lewis
Citations
30 S.E. 420105 Ga. 4791898 Ga. LEXIS 573
Summary
Levy and claim. Before Judge Candler. Bartow superior court. July term, 1897.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lewis

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Lewis, J.

1. Where, upon the trial of a claim case, it appeared that the judgment in favor of plaintiff in fi. fa. was based upon the report of an auditor which had been made the judgment of the court, that such report found in favor of plaintiff’s claim, that in copying the report upon the minutes the clerk omitted that portion thereof referring to the plaintiff’s claim, and that the court afterwards, upon written application made by the plaintiff, directed a fi. fa. to issue in her favor against the defendant for a definite amount, it was not error, on motion of counsel for plaintiff in fi. fa., to order a correction of the minutes so as to speak the truth in accordance with the undisputed facts above narrated. Such order directing the issuing of the fi. fa. constituted a valid judgment in favor of the plaintiff.

2. All other questions raised by the present record were determined by the decision of this court in the case of Parrott v. Baker, 82 Ga. 364 .

Judgment affirmed.

All concurring, except Cobb, J., absent.

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Authorities cited 1

DepthCaseCited by
Parrott v. Baker, 9 S.E. 1068 (Ga. 1889) 47

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