HDPM
01-03-2003, 06:59 PM
"We may readily understand the impatience of the district judge,
who had entered a judgment in favor of Annest based on a
stipulation that the Conrads would be held harmless from the
First Security debt, only to be faced with the retromingent attitude of Annest in attempting to repudiate the stipulation
upon which the judgment was entered. Nevertheless, our rules
governing alteration of a judgment or relief from a judgment,
I.R.C.P. 59(e), I.R.C.P. 60(b), contain time limitations which in
this case had elapsed. The orders of the district court cannot be
considered to be nunc pro tunc, since they do not correct a
"clerical error" but rather appear to substantially alter the
nature and the effect of the judgment. See Haddock v. Jackson,
51 Idaho 560, 8 P.2d 279 (1932)."
See, in Idaho the courts use words like retromingent. That's why Cole has to be sued in Montana.
who had entered a judgment in favor of Annest based on a
stipulation that the Conrads would be held harmless from the
First Security debt, only to be faced with the retromingent attitude of Annest in attempting to repudiate the stipulation
upon which the judgment was entered. Nevertheless, our rules
governing alteration of a judgment or relief from a judgment,
I.R.C.P. 59(e), I.R.C.P. 60(b), contain time limitations which in
this case had elapsed. The orders of the district court cannot be
considered to be nunc pro tunc, since they do not correct a
"clerical error" but rather appear to substantially alter the
nature and the effect of the judgment. See Haddock v. Jackson,
51 Idaho 560, 8 P.2d 279 (1932)."
See, in Idaho the courts use words like retromingent. That's why Cole has to be sued in Montana.