
    McNEW’S EXECUTORS v. DAVID ROGERS.
    (S. C., Thomp. Cas., 56-57.)
    Knoxville,
    September Term, 1850.
    1. CERTIORARI. At term after final judgment in supreme court. To correct costs.
    At a subsequent term after final judgment in the supreme court, a certiorari will be awarded, on motion, directing the clerk of the court below to certify to the supreme court the record and proofs in regard to the costs of a witness. [Certiorari on suggestion of diminution, Code, sec. 4854, and note 2.]
    2. SAME. Same. Not to correct judgment.
    In such case, and at such time, a certiorari will not be awarded - for a corrected transcript so as to correct a judgment entered at a previous term of the supreme court. [Rower of supreme court over its judgment at a former term. See Code, secs. 4597-4599, 6334-6336, and notes. See Bailen v. Farnsworth, post, p. 58.]
    I. In this cause, in. which, final judgment was. rendered at the September term, 1849, of the supreme court, affirming the judgment of the circuit court of Claiborne county, on motion of Sneed a certiorari was awarded directing the clerk of the court below to certify to the supreme court the record and proofs in regard to the cost of a witness.
    II. Sneed also suggested that in the transcript of the record on file in this court, it appeared that the judgment in the court below was against .the executors de bonis propriis, whereas, in fact, as the original record shows, it was rendered de bonis testatoris.
    He therefore asked the court for a certiorari requiring the clerk of the circuit court to send up a corrected transcript of the judgment below, to the end that the entry of the judgment in this court rendered at the last term, which aifirmed the judgment of the court below, and into' which this error in the transcript from the circuit court had been copied, might be corrected.
   Green, J.:

There are but two cases in which this court can correct its judgments at a term subsequent to' their rendition; one at common law where the entry was a misprision of the clerk; the other under Mr. Nicholson’s law to authorize the supreme court to do justice in certain cases, and this, case does not fall within either. Motion to award certiorari - on that point denied.  