00 awarded her against Helt; and that judgment should be rendered accordingly. Plaintiff argues that Youngblood v. Stephens, 201 Okla. 301, 205 P.2d 279, supports her motion for the order nunc pro tunc. In that case Stephens sought possession of certain described property.
The parties are adjoining landowners. A motion to dismiss has been filed for the reason that all of the issues presented by this appeal have heretofore been determined by this court in Stewart v. Stephens, 196 Okla. 527, 166 P.2d 430, and Youngblood v. Stephens, 201 Okla. 301, 205 P.2d 279. The motion to dismiss must be sustained.
"[T]he test is whether the mistake related to something the court did not consider and pass upon, or considered and erroneously decided, in which case the error would be a judicial error and not subject to correction, or whether there was a failure to preserve or correctly report in the record in all respects the actual decision of the court, in which event it would be a clerical error, and subject to correction." Youngblood v. Stephens, 1949 OK 57, ¶8, 205 P.2d 279. Orders nunc pro tunc should be granted when the evidence "conclusively" shows the original judgment sought to be corrected did not reflect the true judgment rendered by the court. Id. at ¶10;Feagin v. Fife, 1946 OK 324, ¶19, 175 P.2d 81.
“[T]he test is whether the mistake related to something the court did not consider and pass upon, or considered and erroneously decided, in which case the error would be a judicial error and not subject to correction, or whether there was a failure to preserve or correctly report in the record in all respects the actual decision of the court, in which event it would be a clerical error, and subject to correction.” Youngblood v. Stephens, 1949 OK 57, ¶ 8, 201 Okla. 301, 205 P.2d 279. Orders nunc pro tunc should be granted when the evidence “conclusively” shows the original judgment sought to be corrected did not reflect the true judgment rendered by the court. Id. at ¶ 10; Feagin v. Fife, 1946 OK 324, ¶ 19, 198 Okla. 57, 175 P.2d 81.