
    Ashby v. Glasgow, and others.
    j. When final judgment is rendered in a cause, and that judgment is erroneous, it may, during the term at which it was rendered, he set aside -r but when the term is past the control of the court ceases, and ^(alteration or amendment can be made, but suchas is authorised by the statutes of jeofails or amendments.
    '2. Where a suit, properly cognizable before a justice of the peace, is commenced in the circuit court, judgment for costs should be rendered against the plaintiff.
    judgment is'^ rendered in a that judgment ia .erroneous, the1 termTt^ which it rendered, be set aside; but term1 past the control of ceases, and no amendment°r can be made, authorised the statutes of amendments.
    Error to the Circuit Court of Livingston county.
   Opinion of the Court, delivered by

Scott, Judge.

Glasgow, and others, sued Ashby by petition in debt, on a note for seventy-four dollars and fifty-seven cents; judgment was recovered for the amount cf the note, with damages and costs. At a subsequent term of the court, a motion was made to set aside the judgment for costs entered against the defendant below, which motion was oveiruled. This is the errror assigned, for which a reversal of the judg- . mentis sought.

When a final judgment is- rendered in a cause, and that judgment is erroneous, it may, during the term at which it was rendered, be set aside for during a term all the pro-cee¿iugs are in the breast of. the court, and they may be altered or vacated as justice requires. , But when the term is Past> then the control of the court ceases, and no alteration amendment can be made,-but such as is authorised by the A statute of jeofails .and amendments. An error m the court, in rendering judgment, is not cured by the statute of jeofails, it can only be.corrected by appeal, or writ of error, But as the whole-record ismo.w before the court, and as.it aPPears ^iat cause was properly cognizable, before a justice of the-peace, the suit'haying been commenced before . amendatory .of .the.act, regulating justices courts, , approved February 16th, L841, judgment for costs,should . haye been entered against the plaintiff;.below. .Sep4th geo... 1st article of the act concerning justices’ courts, 346. The judgment of the circuit court, as to costs, is reversed, directions to enter a judgment for costs against the plaintiff', and the cause remanded.

Where a suit, properly cognizable before a justice of the peace, is commenced in the circuit court, judgment for costs should he rendered against the plaintiff.  