Wilson v. Boughton
Supreme Court of Missouri
Appeal .from, Jefferson Circuit Court. The petition sets forth a clear case of mistake, together with such a state of facts as show that the judgment rendered in the former case ought not to be allowed to operate as a bar to a recovery of the balance due on the note. (1 Sto.
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Appeal .from, Jefferson Circuit Court. The petition sets forth a clear case of mistake, together with such a state of facts as show that the judgment rendered in the former case ought not to be allowed to operate as a bar to a recovery of the balance due on the note. (1 Sto. Eq., § 166; Boon et al. v. Miller’s Ex’rs, 16 Mo. 457; see remarks of Lord Redesdale in Bateman v. Welloe, quoted in 10 Mo. 102.) When a case has been once tried at law, and a party through a want of reasonable diligence has failed to obtain such judgment as he thinks he is entitled to, equity will leave him to bear the…
1Opinion of the CourtAdams, Judge
The plaintiffs brought suit on a note against the defendants, to which no answer or defense was put in ; and at the March term, 1870, a judgment by default was rendered against the defendants on this note for $405.55, when in truth the real amount then due, including the interest, was $507.80. The attorney who was attending to the case made a mistake in calculating the interest on. the note, and when the case was called for judgment, the judge, without calculating the amount due, asked the attorney, who, being under a mistake himself, replied $405.55, and the judgment was rendered by mistake…
2Cases cited4 opinions
- Ashby v. GlasgowSupreme Court of Missouri · 1842
- Hill v. City of St. LouisSupreme Court of Missouri · 1855
- Smith v. BestSupreme Court of Missouri · 1868
- Boon v. Miller's ExecutorsSupreme Court of Missouri · 1852
3Cited by15 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Melvin v. HoffmanSupreme Court of Missouri · 1921
- Meffert v. LawsonSupreme Court of Missouri · 1926
- Overton v. OvertonSupreme Court of Missouri · 1931
- Household Finance Corporation v. AveryMissouri Court of Appeals · 1972
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