Reed v. Bansemer
Reed v. Bansemer
Opinion of the Court
— This was a suit to enjoin the collection of a balance of a judgment. It appears from a letter written by the judgment plaintiffs to their attorneys, which is an exhibit filed with the complaint, that the debt was, in some manner, arranged before judgment, so that the note which formed the basis of the judgment was to be deliv
The complaint was bad for a number of reasons. Eirst* it does not apppear what the arrangement stated was based upon; whether a payment in full of the debt, or of only a part of it, oi’, indeed, whether anything was paid or given in satisfaction; all is left to inference from the letter addressed by the then plaintiffs to their attorneys, and nothing definite can be inferred from that.
Again, the attorney did not violate the directions of his clients. Glover did not pay the fees and costs, and so the condition upon which the note was to be delivered up did not happen. If the appellant preferred to run the risk of Glover’s action, the consequences, if any, must fall upon himself. He should have made his defense. Having neglected to do that, he cannot successfully invoke the power of the court to relieve him against the consequences, without at least showing some definite and distinct equitable reason to sustain his application. The whole complaint may be true, and yet the whole debt may have remained actually due at the date of the judgment.
The judgment is affirmed, with costs.
Reference
- Full Case Name
- Reed and Another v. Bansemer and Others
- Status
- Published