King v. Vaughan
King v. Vaughan
Opinion of the Court
delivered the opinion of the court.
King was guardian to Eliza Jenkins; the county court removed him and appointed Vaughan. The latter filed his petition, pursuant to the 23 sec. of the act of 1762, ch. 5, bringing King to an account before the county court of Montgomery, and to obtain the monies of the ward in his hands. A regular decree was had for 276 dollars. King took no appeal, but when the execution issued against him, he filed his bill in equity in the circuit court, enjoining the decree in the county court, alleging, that the decree of that court was for $72 too much, and so entered by mistake. The ward, and guardian, Vaughan answered the bill, denying the mistake. Depositions were taken and the cause heard: the circuit court corrected the mistake, supposed to have been proved, and gave relief for the $72, by decree, from which the defendants in equity appealed to this court.
The bill is filed merely to correct a mistake, alleged to have been committed in entering up a decree on a proceeding, of which the county court had jurisdiction; it does not seek to reinvestigate the accounts between the former guardian and his ward, but to establish by parol proof, that the decree of the county court was entered for a larger sum than the court intended it should be entered for.
The proceeding in the county court was neither strictly legal nor equitable in its nature, but partaking of the character of both; this matters nothing — its effect is the same. In personal actions, concerning debts, goods, and chattels, a recovery or bar in one action is a bar in another, and there is an end of the controversy. 8 Rep. preface: 3 Wils. 304: Swift’s. Ev. 11: 3 East’s R. 351, Estell vs. Taul, 4 Yerg. 469.
This court has often holden, and nothing is better settled than that “a party will not be aided by a court of chancery after a trial at law, unless he can impeach the
King could have availed himself in the county court of the grounds of relief he sets forth in his bill. If a mistake was committed in entering up the decree, for too much, he could have applied to the court and had it corrected, or appealed, or taken up the cause to the circuit court, by certiorari, if defeated of his appeal: of every ground on which relief is sought, the complainant could have availed himself by the ordinary remedy, and by ordinary diligence — having failed to do so, he is concluded by the judgment of the coimty court, and cannot be heard in chancery. The same cause cannot be twice tried, as an original cause; a court of equity must proceed on original jurisdiction; having none in this case, power was wanting to enter the decree made by the circuit court. In such cases, objections to the jurisdiction may be made at any time, notwithstanding the defendant has answered and gone on to a hearing. It is not like a case, where a bill seeks to litigate a matter, where it is very doubtful if it be not of exclusive legal cognizance. There the court
Decree reversed.
Reference
- Status
- Published