The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be promoted.
(Laws 1799, Cobb's 1851 Digest, p. 480; Code 1863, § 3436; Code 1868, § 3456; Code 1873, § 3507; Code 1882, § 3507; Civil Code 1895, § 5125; Civil Code 1910, § 5709; Code 1933, § 81-1205.)
Cross references.- Corresponding provision relating to civil procedure, § 9-10-133.
JUDICIAL DECISIONS
Court may correct clerk's sentencing error with notice to defendant.
- When, due to clerical error on the part of the clerk of the court and inadvertence on the part of the judge in signing the paper without discovering the error, a sentence is in part illegal, the court may, after notice and opportunity to be heard on the part of the defendant, order the error corrected. Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966).
Order valid if error merely clerical.
- If the error is merely clerical in nature and does not follow the oral sentence pronounced by the court at the time, then the order as entered nunc pro tunc is a valid and proper sentence. Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966).
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Clerks of Court, § 44.
C.J.S.- 71 C.J.S., Pleading, § 78.
ALR.
- Effect of mistake in reference in statute to another statute, constitution, public document, record, or the like, 5 A.L.R. 996; 14 A.L.R. 274.
Power to amend record in criminal case after term on evidence dehors record, 5 A.L.R. 1127.
Misinformation by judge or clerk of court as to status of case or time of trial or hearing as ground for relief from judgment, 164 A.L.R. 537.