Opinion
No. 4983.
November 22, 1928.
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. Ralph W. Adair, Judge.
Action on contract. Judgment for plaintiff. Affirmed, with directions.
Walter H. Anderson, for Appellants.
A judgment rendered in an action against a copartnership which judgment however is rendered against a corporation of the same name as the partnership is void. ( Baxter v. Jones, 185 Fed. 900; Soper v. Clay City Lumber Co., 21 Ky. Law, 933, 53 S.W. 267.)
Thomas Andersen, for Respondent.
"The Court may reverse, affirm or modify any order or judgment appealed from and may direct the proper judgment or order to be entered. . . . ." (C. S., sec. 6446.)
Where through mistake there has been a failure to enter the judgment pronounced, the court has power to correct the matter and to order the proper entry made.
Clerical mistakes in judgments may be corrected at any time. ( Wylie v. Kent, 28 Idaho 16, 152 P. 194; Kerns v. Morgan, 11 Idaho 572, 83 P. 954; Shumake v. Shumake, 17 Idaho 649, 107 Pac. 42.)
This action was brought against the defendants, as copartners, doing business under the firm name of Chaffee Auto Company. The allegation of partnership was admitted. The jury's verdict was "for the plaintiff, and against the defendants." The clerk inadvertently entered the judgment against "the Chaffee Auto Company, a corporation."
A careful consideration of the entire record, as tested by the assignments of error, has convinced us that the judgment should be affirmed.
It is therefore ordered, that with the substitution of Geo. E. Chaffee and R.G. Rowe, for "the Chaffee Auto Company, a corporation," the judgment is affirmed. Costs to respondent.
The foregoing is approved as the opinion of the court and, with the substitution directed, the judgment is affirmed with costs to respondent.