Webb v. Cohen

18 Citing cases

  1. Commonwealth v. Boe

    456 Mass. 337 (Mass. 2010)   Cited 30 times

    We recognize that a court can exercise its inherent power to "correct" its own records. See Bolduc v. Commissioner of Correction, 355 Mass. 765, 767 (1969) (court had plenary power to order that mittimus be corrected so as to conform with sentence actually imposed); Webb v. Cohen, 280 Mass. 292, 293 (1932) ("There is an inherent and necessary power in a court of justice acting on the motion of an interested party . . . or on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth"). Here, however, there is no evidence that Boe's probation record is inaccurate or false such that expungement would be permissible under the court's inherent authority to "correct" the record.

  2. Doyle v. Commonwealth

    444 Mass. 686 (Mass. 2005)   Cited 14 times
    Noting that purpose of title registration is protection of transferees of land

    See Trustees of Boston Maine Corp. v. Massachusetts Bay Transp. Auth., 367 Mass. 57, 62 (1975), S.C., 372 Mass. 858 (1977), quoting Atkins v. Sawyer, 1 Pick. 351, 354 (1823), and Webb v. Cohen, 280 Mass. 292, 293 (1932) ("[O]ver 150 years ago this court regarded it as 'a well settled rule, that any mistake arising from the misprision of the clerk may be amended and set right.' . . . 'There is an inherent and necessary power in a court of justice acting . . . on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth'"). Whether a court acts on its own motion or on motion of a party, is, in these circumstances, of no consequence.

  3. Trustees of Boston Maine v. Mass. Bay Transp. Authy

    367 Mass. 57 (Mass. 1975)   Cited 26 times
    In Trustees of the Boston Maine Corp. v. Massachusetts Bay Transp. Authy., 367 Mass. 57, 63, see also 61 (1975), cited by the plaintiff, the question of interest was not within the scope of the submission to the arbitrator.

    Atkins v. Sawyer, 1 Pick. 351, 354 (1823). And in Webb v. Cohen, 280 Mass. 292, 293 (1932), we said: "There is an inherent and necessary power in a court of justice acting on the motion of an interested party . . . or on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth." No further citations are necessary to support the rule that if the clerk errs in making an entry on the record, the court may order that error corrected.

  4. Bolduc v. Commissioner of Correction

    355 Mass. 765 (Mass. 1969)   Cited 11 times

    That a court has plenary power at any time to correct errors in its records is well established. Balch v. Shaw, 7 Cush. 282, 284. Commonwealth v. Soderquest, 183 Mass. 199, 200. Kacavas v. Toothacker, 278 Mass. 302, 303. Webb v. Cohen, 280 Mass. 292, 293. Chagnon v. Chagnon, 300 Mass. 309, 311. Thus the judge rightly ordered the mittimus to be corrected so that it would conform to the sentence actually imposed. Contrary to the plaintiff's contention, there is nothing in G.L.c. 278, § 29C, inserted by St. 1962, c. 310, § 2, which prevents such a correction.

  5. A.J. Wolfe Co. v. Baltimore Contractors, Inc.

    355 Mass. 361 (Mass. 1969)   Cited 38 times
    Holding that a clause in a subcontract that read that payment to subcontractor will be made "within 10 days" after the owner pays the general contractor was not a valid pay-when-paid clause

    Brown v. Webber, 6 Cush. 560, 563-565. Such a motion was filed but not fully prosecuted (fn. 2). If the bond to dissolve the attachment had been filed in the law action, the attachment would have been dissolved (see Webb v. Cohen, 280 Mass. 292, 294) and the bond would have taken its place without any adjudication that the attachment was invalid. Wolfe might then have had at least plausible basis for contending that the bond was enforceable without regard to whether the attachment was voidable (see Leffler v. Todd, 316 Mass. 227, 233), for the recovery allowed to Wolfe (a) was for the same cause of action for which the law action was brought; (b) was properly determined in the equity proceeding, see G.L.c. 214, § 3 (7); and (c) was within the penal sum of the bond.

  6. Green v. Clerk of the Municipal Court

    321 Mass. 487 (Mass. 1947)   Cited 5 times

    It is settled that "There is an inherent and necessary power in a court of justice acting on the motion of an interested party, at the suggestion of one not a party, or on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth." Webb v. Cohen, 280 Mass. 292, 293. Allen v. Moushegian, 320 Mass. 746, 755-756.

  7. Allen v. Moushegian

    320 Mass. 746 (Mass. 1947)   Cited 28 times
    Involving a release issued by a client to her attorney

    It is settled that the judge had authority to correct the first decree entered by him as not conforming to the decision actually made by him. "'There is an inherent and necessary power in a court of justice acting on the motion of an interested party, at the suggestion of one not a party, or on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth.' Webb v. Cohen, 280 Mass. 292, 293, and cases cited. This is a plenary power.

  8. Waitt v. Harvey

    312 Mass. 384 (Mass. 1942)   Cited 22 times

    That fact, however, is set forth in the agreement for abridgment of the record for appeal (below referred to) as evidence that was before the judge at the time of the trial. The case is not one coming within the rule that there "is an inherent and necessary power in a court of justice . . . on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth," Webb v. Cohen, 280 Mass. 292, 293; Chagnon v. Chagnon, 300 Mass. 309, 311-312, and cases cited, but is one where the original decree truly represented the decision of the judge. Contrary to the contention of the petitioner, we are of opinion that the respondents were persons aggrieved by the entry of the second decree in question, and entitled to appeal therefrom.

  9. Chagnon v. Chagnon

    300 Mass. 309 (Mass. 1938)   Cited 9 times

    In these circumstances it is settled that "There is an inherent and necessary power in a court of justice acting on the motion of an interested party, at the suggestion of one not a party, or on its own motion to correct errors and remedy omissions in its records in order that they shall speak the truth." Webb v. Cohen, 280 Mass. 292, 293, and cases cited. This is a plenary power.

  10. Long v. George

    296 Mass. 574 (Mass. 1937)   Cited 109 times   1 Legal Analyses
    In Long v. George, 296 Mass. 574, the question dealt with was the power of the Superior Court to reopen a case for revised findings of fact after rescript, but before entry of a final decree.

    Dewey v. Peeler, 161 Mass. 135. Karrick v. Wetmore, 210 Mass. 578, 579. Webb v. Cohen, 280 Mass. 292. Bryer v. American Surety Co. 285 Mass. 336. McDermott v. Justices of the Municipal Courtof the City of Boston, 287 Mass. 563, 568. Prenguber v. Agostini, 289 Mass. 222, 224, 225. A. Doykos T. Pappas, Inc. v. Leventhal, 290 Mass. 375, 376.