Harris v. Sanders
Supreme Court of Missouri
Error to Montgomery Circuit Court. It is the peculiar province and jurisdiction of every tribunal to see that justice be done to parties litigant in its court.
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Error to Montgomery Circuit Court. It is the peculiar province and jurisdiction of every tribunal to see that justice be done to parties litigant in its court. If from mistake, or misapprehension of facts, or fraud and entry is made upon its records which does injustice to the suitor, which pretends to detail a state of facts which is untrue, — when these facts are brought before this court, the entry can and ought to be corrected. — Warren v. Dalton et al., 16 Mo. 102,114; Ex parte Tony, 11 Mo. 661-8; 1 Bac. Abr. (Bouv. ed.) tit. Audita Querula, 510; 10 Mo. 381-3. The rendition of the…
1Opinion of the CourtWagNER, Judge
At the May term, 1862, of the Montgomery Circuit Court the defendant in error, as executor of Robert P. Terrell, deceased, brought suit against William R. Harris and Mathew Moore, the plaintiffs in error, together with several other persons who were joined as co-defendants. The object of the suit was to recover judgment against the defendants as assignors of two promissory notes alleged to have been assigned to defendant in error’s testator on the ground that the makers of the notes were insolvent. The'defendants in the action appeared and filed a joint answer, denying every material…
2Cases cited5 opinions
- Corwithe v. GriffingNew York Supreme Court · 1855
- People v. BowenNew York Supreme Court · 1859
- Lowber v. Mayor of New YorkNew York Supreme Court · 1857
- Miles v. JonesSupreme Court of Missouri · 1859
- Keithley v. MaySupreme Court of Missouri · 1859
3Cited by3 opinions
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Mayberry v. McClurgSupreme Court of Missouri · 1873
- Baldwin v. DavidsonSupreme Court of Missouri · 1897