Jacobs v. . Morange
New York Court of Appeals
Appeal from judgment of the General Term of the ISTew York Common Pleas, affirming judgment for plaintiff, entered upon the decision of the court. The facts appear sufficiently in the opinion. Equity has no jurisdiction to relieve against pure, naked mistakes of law. (Mitford, PL in Eq., by Jeremy, 132; Lyon v. Richmond, 2 Jons. Ch., 51; Stewart v. Stewart, 6 Cl. & Fin., 964-971; 1 Story’s Eq. Jur., § 138, p. 163; Shotwell v. Murray, 1 Johns.
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Appeal from judgment of the General Term of the ISTew York Common Pleas, affirming judgment for plaintiff, entered upon the decision of the court. The facts appear sufficiently in the opinion. Equity has no jurisdiction to relieve against pure, naked mistakes of law. (Mitford, PL in Eq., by Jeremy, 132; Lyon v. Richmond, 2 Jons. Ch., 51; Stewart v. Stewart, 6 Cl. & Fin., 964-971; 1 Story’s Eq. Jur., § 138, p. 163; Shotwell v. Murray, 1 Johns. Ch., 512 ; S. P. Storrs v. Barker, 6 id., 166; Gilbert v. Gilbert, 9 Barb., 532; Arthur v. Arthur, 10 Barb., 9; Curtis v. Brooks, 37 Barb., 476.) Equity…
1Opinion of the CourtPeckham, J.
The defendant in this suit is a lawyer. The plaintiff some years since brought an action against the defendant in the Marine Court, in the city of Hew York. The defendant recovered a verdict in that suit of eighty-six dollars against the plaintiff. Without taking the case to the General Term of that court, the plaintiff carried it for review to the Court of Common Pleas of that city, and after argument there that court reversed the judgment with costs. The defendant paid these costs voluntarily without the entry of any judgment. Within a year thereafter the Court of Appeals decided, that the…
2Cited by15 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Elias v. ClarkeCourt of Appeals for the Second Circuit · 1944
- Newburgh Savings Bank v. Town of WoodburyNew York Court of Appeals · 1903
- Scheinberg v. ScheinbergNew York Court of Appeals · 1928
- Baker, Lawler & Co. v. PoolSupreme Court of Alabama · 1876
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