Legal Opinion

Barthell v. Roderick

Supreme Court of Iowa

Decided July 25, 1872PublishedCited by 10 opinions

Appeal from Alamakee District Ooiort. Petition in equity to correct the amount of a judgment entered through mistake of plaintiff’s attorney. Demurrer to petition overruled. Defendants appeal.

1Opinion of the CourtMiller, J.

The petition alleges that at the June term, 1869, of the district court, the plaintiff obtained judgment against the defendants by default, on a promissory note executed by them to the plaintiff or order, for the sum of $425, with ten per cent interest, to be paid annually, dated March 24, 1866, and payable three years after date; that the attorney of plaintiff, in computing the interest due on said note, by mistake computed the amount to be due thereon at the sum of $519.73, and claimed only that amount as due, and that judgment was rendered for that sum and costs; that defendants stayed…

2Cases cited3 opinions

  1. Partridge v. HarrowSupreme Court of Iowa · 1869
  2. Penny v. MartinNew York Court of Chancery · 1820
  3. Johnson v. LyonSupreme Court of Iowa · 1862

3Cited by10 opinions

  1. Sims v. RigginsSupreme Court of Alabama · 1917
  2. Hamburg-Bremen Fire Ins. v. Pelzer Manuf'g Co.Court of Appeals for the Fourth Circuit · 1896
  3. Midwest Ref. Co. v. GeorgeWyoming Supreme Court · 1932
  4. Sidener v. CoonsIndiana Supreme Court · 1882
  5. Stewart Lumber Co. v. DownsSupreme Court of Iowa · 1909

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