Fretwell v. Laffoon
Supreme Court of Missouri
Error to Cass Circuit Court. — IIon. Noah M. G-ivan, Judge. This was a proceeding by garnishment against Laffoon,, who was summoned as debtor of Daniel Hibler, the defendant in the principal case. On the 19th day of July, 1878, Laffoon answered, and on the 23rd day of July, 1879, judgment was rendered against him upon his answer. On the following day a motion for new trial was filed, and subsequently sustained.
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Error to Cass Circuit Court. — IIon. Noah M. G-ivan, Judge. This was a proceeding by garnishment against Laffoon,, who was summoned as debtor of Daniel Hibler, the defendant in the principal case. On the 19th day of July, 1878, Laffoon answered, and on the 23rd day of July, 1879, judgment was rendered against him upon his answer. On the following day a motion for new trial was filed, and subsequently sustained. The plaintiff excepted to this action of the court and refused further to prosecute his action, whereupon the court dismissed the same for want of prosecution, and the plaintiff sued…
1Opinion of the Court
I
Sherwood, J.
Did the circuit court err in granting, the garnishee’s motion for a new trial ?
Our statute authorizes the verdict to be set aside, and. the granting of a new trial, “ where there has been a mistake or surprise, of a party, his agent or attorney,” etc-R. S. 1879, § 3704.
Surprise in the sense here used, is nearly allied to accident, which isa prominent subject for equitable. relief. 3 Grah. & Wat. on New Tr., 874. Of accident Mr. Justice Story says: “ By this term is intended not merely inevitable casualty or the act of Providence, or what is technically termed vis major, or…
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- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
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3Cited by24 opinions
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- Mahany v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Parker v. BrittonMissouri Court of Appeals · 1908
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