Creath v. Smith
Supreme Court of Missouri
Error to Wayne Circuit Court. This was a bill of review filed in 1851, by the heirs of William Creath, to reverse a decree rendered against them in 1840, upon a bill in chancery, filed by Zenas Smith.
Read the full summary
Error to Wayne Circuit Court. This was a bill of review filed in 1851, by the heirs of William Creath, to reverse a decree rendered against them in 1840, upon a bill in chancery, filed by Zenas Smith. The original bill, upon which the decree complained of was rendered, set forth substantially that Smith, the complainant therein, and William Creath, in his life time, were partners in. .business ; that Smith having advanced more stock in trade than Creath, the latter conveyed to the firm certain real estate to be used as stock ; that aftewards, said Smith & Creath purchased with partnership…
1Opinion of the CourtGamble, Judge
1. The complainants in this case have filed their bill of review, seeking to reverse a decree made in 1840. The present bill was filed in 1851. There are several errors alleged to exist in the original decree, which need no extended notice, because, if they be admitted to exist, the limitation applicable to such reviews would prevent their being examined in this proceeding. *116A bill of review, for errors apparent on the face of the record, will not lie after the time when a writ of error could be brought; for courts of equity, in this particular, govern themselves by the analogy of the common…
2Cases cited2 opinions
- Hendricks v. McLeanSupreme Court of Missouri · 1853
- Edmonds v. MorrisonCourt of Appeals of Kentucky · 1837
3Cited by1 opinion
- Shields v. PowersSupreme Court of Missouri · 1860