
    Foster vs. Alden et. al.
    
    A justice of the peace has no authority to amend his record after rendition of judgment.
    Error to Calhoun Circuit.
   Opiniouby

Christiancy, J.

Defendant below undertook to justify the taking of property under an execution issued by a Justice on a judgment in an attachment suit, in which, one Parker was plaintiff and Warren T. Johnson, defendant. The docket was offered in evidence, but it showed on its face that the name of. the defendant had originally been written “William” instead of- Warren,’’ and that the former had been cancelled by drawing.a pen through it, and the latter written over it. The record showed that the defendant did not appear in this case.— Process was issued against William F. Johnson, and all the proceedings and the entry of the judgment were by that name. — ■ The alteration was made by the Justice some two or three weeks alter the entry of the judgment, and after the execution had been issued, but it was made by the Justice with the consent of Johnson, who suggested the alteration, stating that his name was Warren and not William, the plaintiff being present when it was done. The reading of the docket in evidence was objected to,.and it was excluded by the eourt, which decision was assigned as error.

Held, That the ruling was correct. After the rendering and recording of the judgment the jurisdiction of the justice to make an amendment had ceased. A justice’s court is not like a court of record, having stated terms. The amendment was made out of court and the consent of Johnson could give no jurisdiction.

Judgment affirmed with costs.  