Cheever v. Hodgson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. One has the right to come into chancery for relief after judgment, upon equitable grounds, although they might have been taken advantage of at law. —Hampstead v. Watkins, 1 Eng. Law & Eq. 317 ; Dorsey v. Reese, 14 B. Mon. 156; Boyce v. Grundy, 3 Pet. 211; 2 White & Tudor Ld.
Read the full summary
Appeal from the St. Louis Circuit Court, Wickham, J. One has the right to come into chancery for relief after judgment, upon equitable grounds, although they might have been taken advantage of at law. —Hampstead v. Watkins, 1 Eng. Law & Eq. 317 ; Dorsey v. Reese, 14 B. Mon. 156; Boyce v. Grundy, 3 Pet. 211; 2 White & Tudor Ld. Cas. 1, 2, 1361. The summary determination of a question raised by a motion in a court of law is not a bar to a bill in equity, if the question be an equitable one.' — Wistar v. McManus, 4 P. E. Smith, 318 ; Arden v. Patterson, 5 Johns. Ch. 44; Donohue v. Prentiss, 22…
1Opinion of the CourtBakewell, J.
The petition alleges-that on September 10, 1878, defendant Hodgson instituted a suit against plaintiff in the St. Louis Circuit Court, on a certificate of deposit for $300 on the People’s Bank of Belleville, on the ground that that bank, incorporated in Illinois, was insolvent; that by law the stockholders wer.e individually liable for an amount equal to the amount of stock held by them respectively, and that plaintiff owned ten shares of such stock, of the par value of $100 a share ; that a demurrer to the petition was overruled, and a general denial filed, and the cause tried, and judgment…
2Cases cited1 opinion
- Haseltine & Walton v. BrickeySupreme Court of Virginia · 1860
3Cited by5 opinions
- Smith v. Grand Lodge A. O. U. W.Missouri Court of Appeals · 1907
- American Life & Accident Insurance Co. v. MorrisMissouri Court of Appeals · 1955
- Wabash Railroad v. FlanniganMissouri Court of Appeals · 1902
- Lackmann v. KlauenbergCalifornia Court of Appeal · 1906
- Tralles v. Metropolitan ClubCourt of Appeals for the D.C. Circuit · 1901