General
W. A. Bradley, use of E. B. Caldwell, use Bank of Washington, v. Samuel Eliot, Jr.
5 D.C. 2935 Cranch 293·United States Circuit Court of the District of Columbia·1837
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Opinion
W. A. Bradley, use of E. B. Caldwell, use Bank of Washington, v. Samuel Eliot, Jr.
If, after judgment, an entry be made on the clerk’s docket, intimating that the judgment is for the use of a third person, the Court will not interfere to order it to be stricken out, after the term in which the judgment was rendered.
An action was entered at April term, 1821, in the name of W. A. Bradley, for the use of E. B. Caldwell against Samuel Eliot, Jr., who confessed judgment at the return term of the writ.
On the 17th of December, 1835, the clerk wrote in the margin these words : “Use of the Bank of Washington, says J. Hellen, Esq., 17th December, 1835.”
Mr. R. S. Coze, for the plaintiff,
moved the Court to order those words to be stricken out or erased from the docket, they having been written without the authority of the Court.
[MAJORITY — (Thruston, J.,]
The Court
(Thruston, J.,
absent,) refused to interfere, and discharged the rule.