Lutjens

There is a preliminary question of our jurisdiction. Admittedly the writ of error was not sued out until February 23, 1927. The petition tor the writ refers to an “order and judgment” on “the 20th day of December, 1926,” and the order allowing it to “the decision and judgment” of that date. No judgment at all was made or entered on December 20th, and the only order or decision made on that date consisted of a rejection of certain supplementary or amendatory findings requested by plaintiff in error. A judgment, final in form, was entered on November 18, 1926. This entry was made by the clerk in harmony with a brief memorandum decision that day made by the District Judge.

Asserting that when they took out the writ they were of the belief that the judgment had been entered immediately after the rejection of the requested amendatory findings, and that they were ignorant of the earlier entry until they received defendant’s brief, subsequently to the filing of the record in this court, counsel for plaintiff, upon notice, made in the court below an application, based upon a verified showing of misprision by the clerk, to have the record corrected to indicate entry of the judgment as of…