Page:Dakota Territory Reports Vol 4.djvu/427

 The record, as returned by the writ of certiorari, entire proceedings had: (1) The original reco court below; (2) the proceedings taken to procure th ment of the record; and (3) the record as amended.

And the defendant now alleges that there exists ii ent record two errors: (1) That the action of the coi in amending the record, is without authority and void the sixth original assignment of error has not been c is fatal.

The attorney general admits that the errors cod the original tirst five assignments of error are fatal have not been cured by the amendment of the recor( the diacwrfon of this case is limited to the two pro (1) Did the court err in amending the record? (2) Is ure to incorporate the charge of the court in the judj a fatal omission?

If the court had no power to amend its record term at which judgment was rendered, that would end and it will be unnecessary to consider the second pr The question of amending the record is not anew on( have been in the habit of amending their records evei courts of record have had an existence. No two of cited are exactly alike in the facts presented, and vei them are parallel with the one at bar. All the cases the courts have absolute control over their records d entire term at which the judgment was rendered, an( action or proceeding the amendment is sought to be r have examined, with some care, the cases cited and r< by the defendant, denying the right ol amendment term at which the action or proceeding is determine may be said of them, in general, that they are not upon the facts of this case. All, or nearly all, of then in which, after expiration of the term, some amendme iScation of the judgment itself is sought to be made the substantial rights of the parties, upon disputed p mony, and tho recollec-tions os persons and parties, them seek, by engrafting something upon or in tak