13 Md. 566
Decided June 16, 1859
Court of Appeals of Maryland · decided 1859-06-16
<p>A court of equity will not interfere to restrain execution of a judgment at law, upon the ground that the defendant had been discharged under the insolvent laws prior to its rendition, and that it was not entered subject to such discharge.</p> <p>-The discharge of a party under the insolvent laws releases him from legal liability to pay his debts, yet the moral obligation remains, and is a sufficient consideration for a new promise to pay them, and fully sustains . unconditional judgments against him. ,</p> <p>If, through fraud, accident or mistake, a judgment is entered against a party for an amount, or in terms, different from those intended, a court . of equity will, upon full proof thereof, reform and correct it.</p> <p>Where relief is asked on the ground of of accident or mistake alone, there must be clear, explicit and conclusive proof of the mistake to justify .the interference of a court of equity.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1859-06-16
Cited by 4 later decisions — most recently June 1932
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of this court.
¶2The examination of this case has satisfied us of the propriety of the order appealed from, and of the sufficiency of the reasons assigned in its support, by the judge who passed It, and therefore we affirm it for those reasons.
¶3 Order affirmed, with costs.