Faber v. Bruner
Supreme Court of Missouri
EEROR TO ST. LOUIS COUET OF COMMON PLEAS. Whittelsey, for Plaintiff. 1st. That this court will sometimes review the discretion of the courts below, see case of Stout v. O. & T. Lewis, 11 Mo.
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EEROR TO ST. LOUIS COUET OF COMMON PLEAS. Whittelsey, for Plaintiff. 1st. That this court will sometimes review the discretion of the courts below, see case of Stout v. O. & T. Lewis, 11 Mo. R. 438. In New York it is the constant habit to set aside judgments by default at the same time, upon affidavits showing meritorious defense and due diligence, or an excuse for the want of it-. By the Code of 1845, p. 815, § 43, upon an interlocutory. judgment, the equity of damages shall be made at the next term after the default, unless the court direct it to be made at the same term In this case tlie…
1Opinion of the CourtRyland, J.
Prom the statement of this case the questions before us involve the proper exercise of judicial discretion in the court below ; arising on the want of diligence on the part of defendant.
This court has almost invariably refused its interference in such cases, deeming the lower courts fully competent to the proper exercise of such discretion. Lord Coke defines judicial discretion to be, disierncre per legem, quid sit. justum, to see what would be just according to the laws in the premises. It does not mean a wild self-willfullness, which may prompt to any and every act; but this judicial…
2Cited by12 opinions
- Albertson v. LecaSupreme Court of Rhode Island · 1982
- State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
- State Ex Rel. Rosen v. McLaughlinSupreme Court of Missouri · 1958
- Eidemiller v. KumpSupreme Court of Missouri · 1875
- Rickroad v. MartinMissouri Court of Appeals · 1891
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