Rieckhoff v. Woodhull

Mr. Justice Angstman :

I dissent. I think the facts here involved present a clear case where relief should be granted under section 9187, Revised Codes.

In the first place I think my associates are in error in holding that plaintiff is seeking relief from a judgment entered against him through a mistake of law. As I view the record relief is sought because of a mistake of fact.

Affidavits in support of the motion to set aside the judgment show that plaintiff, who resides in Iowa, sent the note, mortgage, and affidavit of renewal to his attorneys in Beach, North Dakota, with a statement that…