But the Court said that the parties were now out of court, and it would be a dangerous practice to allow it, as a spurious record might be brought up, or the judgment (96) may have been satisfied; and the motion was refused.
At a subsequent day, Gaston renewed his motion, having in the meantime served the appellant with notice of it, and he not appearing to oppose it, it was allowed, and the judgment for the specific sum entered nunc protunc.