Pierce v. Turner 19 F. Cas. 645, 1 Cranch, C. C. 433

Case No. 11,148.

PIERCE v. TURNER.

[1 Cranch, C. C. 433.] 1

Circuit Court, District of Columbia.

July Term, 1807.

Judgments — Mistake — Amendmest at Subsequent Tekm.

A clerical mistake in entering a judgment may be amended at a subsequent term, and an execution issued thereon may be quashed.

[NOTE. This action was subsequently heard on the question whether the slaves were a part of the personal property of Charles Turner at his death, and whether the widow can be charged. as executrix de son tort, in respect thereof. Judgment was rendered for defendant. Case No. 11,140. Afiirmcd bv the supreme court in 5 Cranch (9 U. S.) 154.]

This was a motion to set aside a judgment of last term, obtained by mistake of the clerk in entering an appearance of R. I. Taylor, and a confession of judgment in this suit, instead of another, and to quash the exeeu-. tion thereon, there being a good defence — the. defendant being sued as executrix de son tort for holding negroes under a marriage settlement.

Mr. Swann, for plaintiff, admitted the facts.

Judgment set aside, and execution quashed.