Matson v. Field & Cathcart
Supreme Court of Missouri
APPEAL froni 8t. Louis Circuit Court, (in Chancery.) 1. Equity will not relieve against the inattention of parties in a Court of law, as by neglecting a proper defence, orto move for a new trial in proper time. 1 Mad. Chan. 77; Whea. 14; Yes. 28, and 1 Chan. Cas. 43, are referred to. See also Barker vs. Elkins, 1 John. Chan. Rep. 466. 2. No distinction can he made between the negligence of a party, and that of his attorney. Field & Cathcart vs. Matson, 8 Mo.
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APPEAL froni 8t. Louis Circuit Court, (in Chancery.) 1. Equity will not relieve against the inattention of parties in a Court of law, as by neglecting a proper defence, orto move for a new trial in proper time. 1 Mad. Chan. 77; Whea. 14; Yes. 28, and 1 Chan. Cas. 43, are referred to. See also Barker vs. Elkins, 1 John. Chan. Rep. 466. 2. No distinction can he made between the negligence of a party, and that of his attorney. Field & Cathcart vs. Matson, 8 Mo. Rep. 687. 3. On motion for a new trial, due diligence must be shown. Wimer vs. Morris, 7 Mo. Rep. 6; Green vs. Goodloe, 7 Mo. Rep. 27.…
1Opinion of the CourtScott, J.
This is the case reported in the 8th Mo. Rep. 686, of Field & Cathcart vs. Matson. After the judgment against Field and Cathcart had been affirmed in this Court, they on the very same grounds which are reported in the said case, and on which they in the first instance applied to the Court of Common Pleas to set aside the judgment and grant a new trial, by a bill in equity, applied to the Circuit Court of St. Louis county, for a perpetual injunction restraining all proceedings by Matson under his judgment against Field and Cathcart. The bill was demurred to for the want of equity, and the…
2Cited by10 opinions
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- Telford v. BrinkerhoffIllinois Supreme Court · 1896
- Folsom v. BallardCourt of Appeals for the Eighth Circuit · 1895
- Miller v. BerneckerSupreme Court of Missouri · 1870
- Dunn v. HansardSupreme Court of Missouri · 1866
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