Smith v. Black
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. On the 23rd October, 1872, in due course of law at the September Term, 1872, of the Court below, the appellant obtained judgment in an action of assumpsit against the appellee.
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Appeal from the Circuit Court for Frederick County. On the 23rd October, 1872, in due course of law at the September Term, 1872, of the Court below, the appellant obtained judgment in an action of assumpsit against the appellee. The December Term, 1872, ended, and the February Term, 1873, began on the 17th February, 1873, on which day the defendant, by his attorney, moved in open Court to strike out the judgment so as aforesaid rendered against him, which motion was entered on the trial docket. The cause was transferred to the stet docket; and on the 7th October, 1875, the plaintiff, by his…
1Opinion of the Court
Miller, J.,
delived the opinion of the Court.
This appeal is from an order striking out a judgment after the lapse of the term at which it was rendered. The power of Courts of law to set aside judgments after the term has elapsed, for fraud, surprise, or irregularity in obtaining them is well settled, and the principles which must govern action in such cases have been announced in repeated decisions of this Court. The party seeking such relief must establish his right to it by clear and convincing proof, and he must appear to have acted in good faith and with ordinary diligence. Sarlouis vs.…
2Cases cited2 opinions
- Craig v. WrothCourt of Appeals of Maryland · 1877
- Sarlouis v. Firemen's InsuranceCourt of Appeals of Maryland · 1876
3Cited by15 opinions
- Tasea Investment Corp. v. DaleCourt of Appeals of Maryland · 1960
- Williams v. Snyder, Adm'rCourt of Appeals of Maryland · 2001
- Foxwell v. FoxwellCourt of Appeals of Maryland · 1914
- Thomas v. HopkinsCourt of Appeals of Maryland · 1956
- Murray v. HurstCourt of Appeals of Maryland · 1932
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