Stafford v. Van Zandt , 2 Johns. Cas. 66 ( 1800 )

Per Curiam.

The variance between the sum reported by the referees and the amount of the judgment, is a fatal error. Without expressing an opinion on the other points, let the judgment for this cause be reversed.

Judgment reversed.(^a)

a (a) The judgment ought to follow the finding of the referee or of the jury. See Brown v. Chase, 4 Mass. R. 436. Hence in Bent v. Patten, 1 Rand. 25, it was decided that an error in entering up judgment as to the rate of interest, was not merely a clerical error, but one which could only be rectified by an appellate court; see also, Hayton v. Hope, 3 Mis. 53. As to correcting judgments docketed by mistake for less than the true sum; see Hunt v. Grant, 19 Wend. 90.