Cassell v. Fagin & Webster
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. It is a settled rule of law, that upon an erroneous judgment if there be a regular execution, the party may justify under it until the judgment is reversed, for an erroneous judgment is the act of the court. Bank IT. S. vs. Bank of Washington, 6 Peters, 8. It has frequently been decided, that a party may reverse his own judgment for error.
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ERROR to St. Louis Court of Common Pleas. It is a settled rule of law, that upon an erroneous judgment if there be a regular execution, the party may justify under it until the judgment is reversed, for an erroneous judgment is the act of the court. Bank IT. S. vs. Bank of Washington, 6 Peters, 8. It has frequently been decided, that a party may reverse his own judgment for error. Ingalls vs. Lord, 1 Cowen, 240. The party may reverse his own judgment, where injustice is done to him. Sarles vs. Hyatt, 1 Cowon, 253; Bissell vs. Marshall, 6 John, 100; Johnson vs. Jehh, 3 Burr, 1772. P. recovered…
1Opinion of the CourtScott, J.
The plaintiffs in error instituted a suit in the Court of Common Pleas against the defendants in error, and in October of the year 1846, recovered a judgment against them. The action was in assumpsit. On the judgment an execution was issued, which was returned in December of that year “satisfied.” Afterwards in March, 1847, the plaintiffs in error who were plaintiffs in the original action, sued out this writ of error to reverse their judgment. The question is whether they can now reverse the judgment, having received satisfaction of it?
By the common law, a writ of error where it lay, was a…
2Cited by24 opinions
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Black v. BlackMontana Supreme Court · 1905
- Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1908
- Hartke v. AbbottCalifornia Court of Appeal · 1930
- RoBards v. LambSupreme Court of Missouri · 1882
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