Legal Opinion

Partridge v. Harrow

Supreme Court of Iowa

Decided April 13, 1869PublishedCited by 20 opinions

Appeal from Decatur District Court. Action in Chancery. The petition alleges that, on the 22d day of March, 1866, plaintiff recovered of defendants a judgment in the District Court of Decatur county for the sum of $223.36, and costs, upon a promissory note, on which there was at that time due the sum of $370 ; that upon the trial of the cause to the court without a jury the court found for plaintiff the amount of the note and interest, less $153, and directed the clerk to…

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Appeal from Decatur District Court. Action in Chancery. The petition alleges that, on the 22d day of March, 1866, plaintiff recovered of defendants a judgment in the District Court of Decatur county for the sum of $223.36, and costs, upon a promissory note, on which there was at that time due the sum of $370 ; that upon the trial of the cause to the court without a jury the court found for plaintiff the amount of the note and interest, less $153, and directed the clerk to assess the amount so found due, but that, by mistake, the clerk did assess the amount due at $223.36, instead of the true…

1Opinion of the CourtBeck, J.

The error in the judgment, as shown by the petition, was not the result of fault or negligence of plaintiffs, but of a mistake of the clerk. Prom the effect of this mistake plaintiffs will lose a part of the sum justly due them from defendants unless they can have relief by this or some other proceeding under the law. Under section 3499 of the Bevision, such relief could have been had, leaving out of view the effect of the affirmance of the judgment in this court, if proper application had been made within one year. Section 3500.

But that term had elapsed before the discovery of the mistake,…

2Cited by20 opinions

  1. Fowler v. WoodSupreme Court of Kansas · 1906
  2. Shaw v. AddisonSupreme Court of Iowa · 1945
  3. Sims v. RigginsSupreme Court of Alabama · 1917
  4. Snyder v. IvesSupreme Court of Iowa · 1875
  5. Overton v. OvertonSupreme Court of Missouri · 1931

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