Mesker v. Cornwell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt. Cr. Reynolds, Judge. (1) Mesker’s mistake or . confusion that both garnishments originated upon judgments in favor of Leo Hadley and his arrangement with Hadley as to the disposition of both, was such an uncontrollable accident or mistake, unmixed with any negligence on his part, as to warrant the interference of a court of equity as against the judgment rendered, especially where it is admitted, as in this case, that…
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Appeal from St. Louis City Circuit Court. — Eon. Matt. Cr. Reynolds, Judge. (1) Mesker’s mistake or . confusion that both garnishments originated upon judgments in favor of Leo Hadley and his arrangement with Hadley as to the disposition of both, was such an uncontrollable accident or mistake, unmixed with any negligence on his part, as to warrant the interference of a court of equity as against the judgment rendered, especially where it is admitted, as in this case, that Mesker owed Niehaus nothing. Reed’s Admr. v. Hansard, 39 Mr. 199; Cyc. Law & Proc., vol. 23, p. 1012; High on Injunction…
1Opinion of the CourtGoode, J.
This appeal was taken from final judgment entered on a demurrer to plaintiff’s petition. The action is one in the nature of a suit in equity to restrain the enforcement of a judgment given against the plaintiff as garnishee. Defendant Cornwell is the judgment plaintiff, defendant Niehaus the judgment debtor, and S. J. Young was a constable of the city of St. Louis, in whose hands an execution had been placed which threatened to levy on plaintiff’s property. The facts stated are these: Cornwell obtained judgment August 31, 1907, before a justice of the peace in the city of St. Louis, against…
2Cases cited7 opinions
- Field v. MatsonSupreme Court of Missouri · 1844
- Austin v. NelsonSupreme Court of Missouri · 1847
- Walker v. ShreveIllinois Supreme Court · 1877
- Roach v. Montserratt Coal Co.Supreme Court of Missouri · 1880
- Brotherton v. AndersonSupreme Court of Missouri · 1840
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3Cited by1 opinion
- Human Development Corp. of Metropolitan St. Louis v. WefelMissouri Court of Appeals · 1975