West

The present action'involved the title and right of possession to a certain fund of money which was in the custody of the court pending the litigation. Upon the submission of the case the court filed its findings of fact and conclusions of law and ordered judgment to be entered in accordance therewith. The conclusions of law were: “ Plaintiff is entitled to have and recover a judgment against the defendants, Beecher and Gray, for the sum of $35,861.25, together with its costs in this action.” Subsequently defendants appealed from the judgment and an order denying them a new trial, the judgment and order were affirmed, and the aforesaid sum of money was paid to plaintiff. Thereafter it came to the notice of appellants that the judgment entered included an additional sum as interest, and a motion was made to the court to amend and correct the judgment as entered “by striking out so much thereof as reads as follows: ‘with interest thereon at the rate of seven per cent per annum from the date hereof until paid/ upon the ground that such portion of said judgment was inserted therein by misprison, inadvertence, and mistake, and that the same is not meant or intended to form a part of or…