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NeCede's

Maxim 7.4.16

An error of a clerk ought not to hurt.

Vitium clerici nocere non debet.

Source: Jenk. Cent. 23; Jackson Difficulty 2/5 — Approachable

Explanation

A clerical or ministerial error in recording or transcribing does not defeat the substance of a proceeding — the law will not allow a scrivener's mistake to destroy a party's rights.

Where this applies

  • A courthouse clerk misspells the defendant's last name on the judgment — the clerical error does not void the judgment or erase the defendant's obligations; the court corrects the record and the substance stands.
  • A county recorder accidentally transposes two digits in a parcel number when recording a deed — the scrivener's mistake does not destroy the buyer's ownership; the deed is reformed to reflect the correct parcel.
  • A marriage license lists the wrong date of birth for the bride due to a typist's error — the clerical mistake does not invalidate the marriage; the record is corrected and the legal effect remains intact.

Legal domains

Cite this maxim

NeCede Max. 7.4.16 — An error of a clerk ought not to hurt. — Jenk. Cent. 23; Jackson (Vitium clerici nocere non debet.)

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