Williams v. Thompson
Court of Appeals of Kentucky
Case 59 — EQUITY APPEAL FROM CLARK CIRCUIT COURT. 1. The revivor was agreed upon, and the failure to enter it was a misprision which may and ought to he corrected. The power of amend- ■ ment is of the greatest antiquity. 2. A judgment in a matter of fact may be- amended.where it is the mis- ■ take of the clerk. 3. A more manifest fraud cannot be imagined' than for appellee to deny an agreement of his counsel on the scope of' his authority made with. his adversary.
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Case 59 — EQUITY APPEAL FROM CLARK CIRCUIT COURT. 1. The revivor was agreed upon, and the failure to enter it was a misprision which may and ought to he corrected. The power of amend- ■ ment is of the greatest antiquity. 2. A judgment in a matter of fact may be- amended.where it is the mis- ■ take of the clerk. 3. A more manifest fraud cannot be imagined' than for appellee to deny an agreement of his counsel on the scope of' his authority made with. his adversary. (Bacon’s Ab., title Amendments, 168; 3 Term Rep.,, 349; 2 Yin. Ab., 309; Burrows Short v. Coffin Burrow, 2730; 2 P. Williams, 427;…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the-'court.
This was an action by the appellant to vacate a judgment' against him and for a new trial. The petition states in substance that Thompson was liable for a large sum as Poston’s, surety, and that they agreed, in contemplation of Poston’sinsolvency, and with the design to prefer Thompson in exclusion of other creditors, that Thompson should buy a lot: of mules from Poynter, the són-in-law of Poston, and execute his note for them, and Poston was them to procure the-assignment of the note from Poynter, m ord’er that Thomp— *327son might set off against…
2Cited by9 opinions
- Pittsburg, C., C. & St. L. Ry. Co. v. DoddCourt of Appeals of Kentucky · 1903
- Thomson's Adm'r v. WilliamsCourt of Appeals of Kentucky · 1887
- Louisville & N. R. v. Paul's Adm'rCourt of Appeals of Kentucky · 1951
- Miracle v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1937
- Hopkins v. Hopkins' Adm'rCourt of Appeals of Kentucky · 1891
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