61 Iowa 525 | Iowa | 1883
The plaintiff in the action might not have been entitled to judgment for that amount. The court then had the undoubted power to determine the amount for which judgment should be rendered. This being so, it necessarily follows that the court committed a grave error in rendering judgment against the plaintiff for an amount greater than the penalty of the bond. But the judgment so rendered was not void for want of jurisdiction. It was a valid judgment, at least to the extent of fifty dollars. The question, then, is whether the plaintiff has pursued the proper remedy to get rid of the erroneous portion of the judgment.
This decision we believe to be correct. But it was said in 'that case by Wright, J., that cases might .arise when the right of the surety to appeal would be beyond dispute, as in the case of a defense growing out'of the right of the surety “in no manner connected with or dependent upon the right or liabilities of his principal, and the ruling should be against him, he certainly would be ‘aggrieved’ within the meaning of the law, and might appeal.”
This fully meets the case before us. Besides this, as the court had jurisdiction to render the judgment, it seems to us to follow that the party against whom it is rendered must have the right to move its correction, or appeal therefrom, for his own protection; that is, for the correction of an error which affected himself only, and which in no manner affected the merits of the action.
It is probable an appeal would have been ineffectual, because no exceptions were taken. But the judgment was evidently irregularly obtained, and was rendered by mistake. The circuit court had the power to correct the error, (Code, § 3154,) if a proper and sufficient petition had been filed within one year after the judgment was rendered. Code, § 3157. The plaintiff had knowledge of the excessive judgment long before the expiration of the year. He clearly was “aggrieved” by the erroneous judgment, and under the statute the person against whom a judgment is rendered, as before stated, may avail himself of the remedy therein provided. The plaintiff failed to pursue such remedy, and commenced this proceeding more than two years after the rendition of .the judgment.
It is fundamental that equity will not enjoin the collection .of a judgment at law where the legal remedy, is full, ample
Reversed.