51 Tenn. 154 | Tenn. | 1871
Lead Opinion
delivered the opinion of the majority of the Court.
The question is, as to the power of the Court to vacate a judgment, given on the last day of December Term, 1869, of this Court. Its solution depends upon what is the sound and correct construction of sections 4501, 4502 and 2878 of the Code. The intention of the Legislature is the thing which we must ascertain, and by which, when ascertained, the Court must be governed. To ascertain that intention, we must “take counsel of the past,” the “ then present and the future,” as these are the things by which the mind and judgment of wise and enlightened statesmen must be assumed, in the making of the law, to have been guided. The
Submit the sections of the Code under consideration to the test of these rules. They are as follows : “ In all cases in which the Supreme Court may give judgment through' inadvertence and oversight, when upon the face of the record, no cause of action existed against the. party, the Court may, upon its own motion, vacate such judgment,” 4501. “ The Court may likewise, at any time, after final judgment, correct mistakes, apparent on the face of the record, as -provided in section 2878,”. 4502. “Every mistake apparent on the face of the record may be corrected by the Court at any time after final judgment, at the discretion of the Court,” 2878. The last of these sections is one of the
Are “mistake” and “error” synonyms? If they are, then any inferior court may, at any time, after final judgment is given in such court, vacate such judgment, if “ error ” has intervened in the giving of the judgment;, and if, it can, there is no need for either an appeal or a writ of error. The power conferred by this section is a- power to make amendments. From the time of the passage of the first .statute of amendments in England up to the time 'of the enactment of this section, the power conferred upon the courts from time to time, in England, and in Tennessee, to make amendments, has been understood and acted upon by the courts as a power, for .the correction of “mistakes.” The same has been the understanding and course of action of the courts, as to the common law power of courts, to make amendments. There is another of the common law remedies by which the signi-. fication of the term “mistake” is recognized, and made a foundation for remedial justice. If a court of law gave a judgment against an infant, a feme ‘covert, or a lunatic, upon the assumption of such person being under no. disability, the aggrieved
To know what the common law was, before the making of a statute whereby it may be seen whether the statute be introductory of a new law, or only affirmative of the common law, is the very lock and key to set open the windows of the statute. “Further; statutes are to be construed in reference to the principles of the common -law. For it is not to be presumed that the legislature intended to make any innovation upon the common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration, other than what is specified, and besides what has been plainly pronounced, for if the Parliament had had that design, it is naturally said, they would have expressed it.” It was observed by the judge in the case of Stowel v. Zonch, that it was good for the expositors of a statute to approach- as .near as they could to the reason of the common law. The best- interpretation
The act which this Court is, by sec. 4501, author-ised to do, is to vacate a final judgment given by itself. The state of things in which it is empowered so to do is “where the Supreme Court may give judgment through inadvertence and oversight, where, upon the face of the record, no cause of action existed against the party.” By the common law, when a Court had given judgment, and the term of the Court, at which the judgment was rendered, had passed, the Court had no power over it. The like rule prevailed in equity. "When a decree had. been made and enrolled, the Court had no power to alter or reverse it, except upon a bill of review for error of law, apparent ■ upon the face of the record, or for new matter. This section confers upon the Court power to vacate a final judgment, given by itself after the termination of the term at which it was rendered. This power is, however, not a general power over its judgments
From these views and considerations, it necessarily results that sec. 4501 confers upon this Court no power to reverse the judgment of last term, for error of law apparent upon its face, upon the idea that such judgment was rendered through inadvertence and oversight, when upon the face of the record no cause of action existed against the parties. In the broad sense of the terms, no cause of action, i. e., no right of recovery exists against any party, against whom a judgment, which is not in conformity to, and warranted by, the principles of law, is rendered. The judgment which is sought to be vacated, was given upon an agreed case, which is as follows: “In this case the parties agree upon the following statement of facts, upon which the controversy depends, and submit the same for trial and adjudication, to the Honorable Circuit Court of Franklin county, as if a suit had been brought by the plaintiff, and the facts herein admitted, fully proven. 1. It is agreed that on the
Indorsed to-wit, March 8, 1862: ‘I assign the within receipt to J. McKinney and L. Pointer, and also the judgment taken, for the consideration of thirty-two hundred and eighty-five dollars.
W. M. Russell.’
L. Pointer’s part, $2,106.80.
McKinney’s part, $1,142.40.
It is agreed that J. 13. Russell was dead at the time-of the assignment, and that the plaintiffs, Pointer and McKinney, were the owners of the claim or bill of exchange receipted for by defendants. It is agreed that the defendants, as attorneys, brought suit and obtained judgment in the Circuit Court of Franklin county against thiT^Jrarties to the bill
Upon an appeal from the judgment of the Franklin Circuit Court, this Court, at its last Term, gave judgment upon the agreed case, against Colyar & Marks. The opinion of a majority of the Court was given by Judge McClain, who diss'ented from the two other Judges — but who, according to a rule adopted by the then incumbents of the ‘bench, delivered the opinion of the Court. The majority of the Court, whose opinion was so written and delivered by Judge McClain, decided that “ Colyar & Marks were estopped by their receipt' from denying that they received the amount of the judgment in legal funds, having receipted the judgment in fulb;” and in conformity to this decision of a majority of the Court, judgment was rendered against Colyar & Marks. That this judgment was an erroneous one, is conceded on all hands. The question is, however, whether the same was rendered through inadvertence and oversight, when upon the face of the record, no cause of action existed against the defendants.
The fact that the payment of the judgment was made to Colyar & Marks in Confederate Treas
Concurrence Opinion
delivered the following opinion concurring.
This is an application to vacate a judgment entered in this Couid, at the last term, against Colyar & Marks, and to correct supposed mistakes apparent on the face of the record. The application is urged, under provisions of the Code, ss. 4501, 4502 and 2878.
The first of these sections is, that “In all cases in which the Supreme Court may give judgment through inadvertence and oversight, when upon the face of the record, no cause of action existed against the party, the Court may, -upon its own motion, vacate such judgment.”
The second section referred to is, that “ The Court may likewise at any time after final judgment, correct mistakes apparent on the face of the record, as provided in sec. 2878.
That section provides “ That every mistake apparent on the face of the record may be corrected by the Court at any time after final judgment, at the discretion of the Court.”
The case before the Court at last term was an agreed case, on which judgment has been rendered by the Court below in favor of Colyar & Marks, and appeal taken to this Court.
In 1862, the receipt of Colyar & Marks, and the judgment obtained by them was assigned by W. M. Eussell, surviving partner, etc., to McKinney and Pointer, but Colyar & Marks had no notice of the assignment.
The two Eussells went into the Confederate army, and were in Virginia. In 1863, the defendants in the judgment paid to Colyar & Marks the amount of the judgment, in Confederate Treasury notes, and took Colyar & Marks’ receipt in full for the same. This was at "Winchester, Tennessee, and it was agreed, that at this time Confederate notes constituted the common currency. Colyar & Marks immediately wrote to the Eus-sells, who, as they supposed, had the receipt, informing them of the collection of the judgment in Confederate money, to which 'they made no reply.
In 1865, McKinney and Porter demanded of Colyar & Marks, the money on said judgment, in current funds, that is, in greenbacks, which was refused; whereupon this agreed ease was made, and submitted to the Circuit Judge, who held that the parties were not liable.
The grounds stated in this application as made to fis, are, that it appears from the opinion of the Court at the last term written by Judge McClain,
It is insisted most ingeniously and earnestly in the brief submitted to us, that the facts presented show such a case of mistake and oversight as, tinder the sections of the Code referred, to, authorizes us to vacate the judgment, and correct the same.
*We need not examine the correctness or incorrectness of .the opinion of a majority of the Court, as it is so obviously incorrect as to be apparent to all, without reasoning or authority.
The question for our consideration, however, is not the correctness or incorrectness of the opinion
We can see that no cause of action existed — but the rendition of this judgment by inadvertence and oversight, does not appear.
The following is the opinion of the Court at the last term:
“This case was presented to the Court below, without pleadings, upon an agreed state of facts, pursuant to the provisions of the Code on that subject.
The case presented is simply this:
A bill of exchange was placed by "W. M. and J. D. Russell in the hands of Colyar & Marks, as. attorneys, for collection, for which they executed their receipt. This receipt was transferred to the plaintiffs.
Colyar & Marks procured, judgment on this bill of exchange, and an appeal was taken to this Court.
Afterwards, and during the war, the defendants in the judgment paid to Colyar & Marks the amount of the judgment in Confederate money, and Colyar & Marks thereupon gave.the defendants in the judgment a receipt, showing payment of • the judgment. This suit is brought against Colyar & Marks to recover the amount of the judgment. There was judgment below in favor of Colyar & Marks, from which an appeal was taken by the plaintiffs to this Court.
The majority of the Court hold (the writer of
I am of the opinion that the right of the plaintiffs to recover is governed by the ordinary rule in such cases between principal and agent; that the extent of the principal’s right of recovery depends upon the amount of injury sustained.
The receipt of the Confederate money,, and the giving of a receipt showing payment of the judgment, is not a satisfaction of the judgment, and consequently they are not in my opinion entitled to recover against Colyar & Marks.
Proceeding to render the judgment here, which, in the opinion of the majority of the Court should have beeq rendered below, the defendants in error will have judgment for the amount of the judgment recovered on the. bill of exchange with interest and costs.”
The purpose of the statute was, that in cases where, from inadvertence, that is, the mind of the Court not being turned to the fact, or by an oversight, not having observed it, a wrong judgment had been rendered, and it should appear from the records of 'the Court that such was the case, a correction might be made. Now we cannot see that a majority of the Court failed to have their minds turned to the facts of the case, or, by-oversight, omitted to observe them. On the contrary, it would seem that as there was a dissenting view of it presented by Judge
But passing this by, and not insisting on it, we look at the statute for our power and authority in the particular case. What must appear? First, that the Supreme Court has given judgment through “inadvertence and oversight” — we must find the elements here laid down, before we look to the question of error at all. These are the only judgments we can vacate — such as are rendered or given through “inadvertence and oversight.” If we fail to find this to have been the case, we must stop at once. We have no authority or power in the premises; for in such case, the expression of one thing, would, by necessary implication, exclude the other.
The theory on which this relief is sought, however, goes on a mode of reasoning the opposite of
It may well make us pause, when we look at the consequences of this view of the case, and of the establishment of such a rule. "Why may not every case decided in all the past history of this Court be reviewed by us? Would not the rule compel us to examine every record remaining on file in this Court, at the instance of counsel, in order to determine whether or not there was error in the judgment rendered; for, upon the establishment of the error, the relief must be given, as the “ oversight and inadvertence” are presumed? Where can we draw the limit to our action? Shall we say, only in hard cases, of manifest injustice ? . If so, how are we to decide upon the injustice of the judgment, without examination of the record, and comparison of the case therein made, with the judgment rendered ? In other words, we can see that instead of this Court being a court of appeals for hearing cases brought up from the inferior tribunals, it would, upon this theory, become practically but a Court for review of the opin
In looking at the facts before us.that induced the judgment, we mean the action -of the court ; we not only see no “inadvertence or oversight,” but the contrary most clearly appears. The fact that the payment was made is referred to, and discussed by the members of the Court, McClain, J., dissenting from the views of the other two, and holding, that the payment in Confederate money was no payment at all; that the judgment remained in full force, and as the money was not a payment, the defendants, as attorneys, had not received payment of the money due to complainants, nor was the judgment satisfied, and therefore they were not liable.
The other two Judges, however, held that the receipt given by the attorneys for the money, es-topped them, and the law presumed they had received the money. Estopped- them how ? we ask. It could only be, from saying that they had received Confederate or worthless money, or rather, from taking any benefit from this fact. Such seems to have been the reasoning of the majority of the Court.
Was not here a direct, deliberate attention given to' the very facts on which we are asked to vacate
As to the presumption insisted on, we can see clearly, that if we presume inadvertence and oversight, we certainly cannot be called on to presume it in the face of the truth of the case, and contrary to the facts as we find them in the record. We cannot but think such a presumption would, at any rate, be a disputable one; and if so, its refutation is clearly -found on the face of the record presented. In fact, this reasoning calls on us to hold that the judgment was rendered through inadvertence and oversight, when we see from the opinion of the court, that it is the very judgment ordered to be rendered by the majority of the court, with a clear understanding of what they had ordered. We may feel astonishment at their opinion, but certainly not at the judgment, as it is precisely the one authorized by that opinion.
This Court has said: “ There must of necessity be an end of litigation somewhere. To permit the judgments of the Courts to be opened again, and discussed as often as a real or imaginary error in the judgment of the Court, in point of law, or in conclusions of fact, might be discovered, would be intolerably vexa
Tbe court s$y further in tbe above case, that, “ as to tbe errors in tbe judgment of tbe court, in point of law, existing in tbe decree on wbicb tbe report of tbe clerk is based, or in unwarranted deductions of fact, if any sucb there be,' tbey, upon tbe principles already stated in tbis opinion, are beyond our reach— tbe law of tbe decree, as well as its conclusions upon tbe testimony in the cause, constitute tbe deliberate judgment of tbis Court in tbe case, and cannot be changed:” Ibid, 395.
We do not cite tbis case as construing section 4501 of tbe Code, but as laying down a universally settled principle of our law, and one that ought to guide us in our construction of tbe language of tbe section of tbe Code referred to.
■ On looking at tbe Act of 1846, p. 211, pamphlet acts, tbe views expressed in tbis opinion, as to tbe construction of tbis section of tbe Code, are shown to be a correct exposition of tbe intent of tbe legislature. That act provides: “ That in all cases in wbicb the
Supreme Court may have given judgment, or may hereafter give judgment against any party, through inadvertence or oversight, when upon tbe face of the record no cause of action existed against said party, it shall be tbe duty of said Court at any subsequent term to vacate sucb judgment, etc. Provided, That if it shall be apparent in tbe record, that tbe original judgment was rendered through inadvertence or over
This enactment is transferred in substance into the section of the Code referred to, 4501 — and no more was intended than is specified in this act of 1846.
In the case presented to us, there is an erroneous conclusion as to the legal consequences of the facts of the case, and also as to the effect of a receipt, in connection with the other facts of the case; but these are not such errors as are the result of inadvertence or oversight; but as far as we can see, were the deliberate judgment of the Court upon the question presented.
It will be seen that the case provided for in sec. 4501 of the Code, is where a “judgment” is given “through inadvertence and oversight” — not where an opinion is formed from inadvertence and oversight. We could correct a judgment entered on the minutes, where we could see that the judgment was entered by inadvertence and oversight, but have no power to correct the opinions of this Court, after the term has expired at which the judgment is rendered.
We need hardly notice the provision of section 2878, as tliis ground is abandoned by counsel, that the Court may correct “ every mistake apparent on the face of the record at any term after final judgment, at the discretion of the Court.” The definition of the word mistake in its legal sense, as given by Mr. Story, Eq. Jur., vol. 1, § 110, is
We very much regret that we are compelled by the high demands of imperative duty, to dismiss the application of two gentlemen of the profession of such worth and -high character, and for whom we would willingly do anything that duty would permit; but it is better that even such men should bear this wrong, however unjustly, than that the law itself should suffer detriment, and its faithful administration be for a moment disregarded.
The petition is dismissed.
Dissenting Opinion
delivered a dissenting opinion.
This is an application to vacate a judgment of this Court rendered at the last term in a case brought into this Court by an appeal in error from a judgment of the Circuit Court' of Warren county upon an agreed case. The application is founded
The agreed case is as follows:
See it stated in full, ante page 164.
The judgment complained of was rendered at last term upon the following opinion delivered by Mr. Justice McClain, then one of the Judges of this Court:
See it set out, ante pages 167 to 170.
TJpon the foregoing opinion of the majority of the Court, delivered by Judge McClaiD, the judgment complained of in this case was rendered.
The judgment upon the facts of the case as against Colyar & Marks is manifestly an improper judgment, and the question recurs, has the Court, under these statutes, such a control over its own judgment as to vacate one which is discovered upon the record to do an injustice and a wrong. The opinion which controverts this prerogative of the Court is founded upon the authority of Elliot v. Cochran, 1 Col., 389. TJpon a careful reading of the opinion of the court in that case, it will be found that the question in judgment in this ease was not before the court. The question in that case was not whether this Court had the power to vacate an entire judgment, but whether it could “ correct a mistake ” apparent upon the face of the record. The mistake proposed to be corrected arose upon a re-statement of the account taken by the master in that case, and was apparent on inspection of the original and final -decrees in the
In that case of Elliot v. Cochran, the court expressly say that the case now before us, having originated anterior to the Code, must be decided upon the law as it then existed, and that the correction insisted upon is allowable both by the Act of 1856, c. 70, and the common law. And it is upon the provisions of the Act of 1856 that the case was decided. The provision of that act, is, that the Court shall hereafter have power to correct all mistakes apparent upon the face of the record at any term after final judgment, said power to be exercised at the discretion of the Court. This pro
Now, what is the obvious and pervading object of this enactment? It was to correct a wrong and injustice done under judicial authority, when it was apparent that no cause of action exists against the party complaining, which justifies the judgment of the Court. 'What is it that the law authorizes to be vacated? It is not a mere clerical error, the result of inadvertence, but it is the solemn judgment of the court — the result of its deliberation upon the facts of the ease. It is the error the court has made in adjudicating upon the rights of the parties. An error of judgment. The result of oversight or inadvertence. . Noes this statute mean an inadvertence to facts, or an inadvertence as to the law of the case? Where are we to Toole for the evidence of such inadvertence? We are to look to the face of the record. If it appears there that no cause of action existed against the party — that a great wrong has been done to him— then it results that there must have been either oversight as to the matter of fact, or inadvertence as to the matter of law. It may be observed, that the use of these two words have a special
The observations of the court in Elliot v. Cochran, as to the value of those doctrines of the common law, have no application to the changes made by the statute, and are not pertinent in considering its proper interpretation. “As to the
Now, the case in judgment affords the very best possible vindication of the wisdom of this statute, and the aptest illustration also of its practical operation. It is acknowledged on all hands that in
We are utterly unable to account for this extraordinary judgment of a very learned Court, except upon one hypothesis. There is positively no cause of action in this record against ■ these defendants, which justifies this particular judgment, and this is conceded. We are constrained to believe that a
It cannot be that under the terms of the statute, which are at once liberal and comprehensive, a judgment is to be permitted to stand, which ■ does a palpable wrong to the citizen, as admitted by the Court which pronounced it, merely because it would incommode a court of justice to open its records in order that a blemish of injustice may be obliterated from them. I hold that the Court owes it to itself, as well as to the citizen, that such a judgment should be vacated, whether the error was occasioned by “oversight” of a material fact, or “inadvertence” as to a principle of statutory or common law which controlled and vindicated the right of the citizen, and of which this judgment has deprived him. Thus believing, I am of opinion that this judgment should be vacated, and that the parties should be permitted to re-argue the case, and have it determined upon the plain and obvious principles of law which govern it.
Concurrence Opinion
concurred with.
This case has been so fully discussed in the opinions which have been read, that I do not deem it proper to say any thing more than that I fully concur in the foregoing dissenting opinion of Judge Sneed.