Samuel Freeman Miller

“ They said: 'While we would go as far as any court in reprobating a rule which would place the proceedings of a court almost entirely at the mercy of the subordinate officers thereof, we would be scrupulously careful in adopting any rule which would tend to destroy the sanctity or lessen the verity of records. And while we admit the power to amend a record after the term has passed in which the record was made up, we would deprecate the exercise of the power in any case where there was the least room for doubt about the facts upon which the amendment was sought to be made. ”

“ This, which has been commonly called the 'Statute of Jeofails and Amendments of the United States,' may be found in section 954, Rev. St., and is as liberal in the powers which it confers on the courts to make amendments as any of those enacted in more modern times. We are forced to the conclusion that the action of the circuit court in making the order for a nunc pro tunc record, which showed that the case had been remanded from that court to the district court prior to the time when the sentence was passed upon the prisoner, was a legitimate exercise of power. ”

“ The court may order 'nunc pro tunc entries,' as they are called, made to supply some omission in the entry of what was done at the preceding term; yet this is a power the extent of which is limited, and not easily defined. In general, mere clerical errors may be amended in this way. So of the mistake of the clerk in the name of the judge before whom the indictment was found.' The present case comes within the clause of this section which declares the power of the court to make nunc pro tunc entries to supply some omission in the record of what was done at the time of the proceedings. ”