McNewis Executors v. Rogers

GREEN. J. :

There are but two cases in which this Court can correct its judgments at a term subsequent to their rendition ; one at common law where the entry was a misprision of the clerk ; the other under Mr. Nicholson’s law to authorize the Supreme Court to do justice in certain cases, and this ease does not fall within either (2) ⁽³⁾ Motion to award certiorari on that point denied.

(3) Power of Supreme Court over its judgment of former term. — Bill of Review does not lie to revise, Cox v. Breedlove, 2 Yerg. 499; Wilson v. Wilson, 10 Yerg. 200. But may correct errors arising from misprision of Clerk, Crutchfield v. Stewart, 1 Humph. 380; Farris v. Kilpatrick, 1 Humph. 379. Contra, where the error proceeds from an arrangement of the parties. Ridgeway v. Ward. 4 Humph. 430. See Witt v. Griggsby Infra. See the Code 2877, 2878, 2879. See also Ballen v. Farnsworth, Infra.