Clayton’s Notebook, 181
Supreme Court of Delaware.
March, 1814.
Rule to show cause why a judgment entered on a bond with a warrant of attorney to confess judgment should not be set aside. On a settlement between the parties the bond in question was given by defendant for the balance appearing to be against him on the settlement. It was after discovered that the bond was given for a sum considerably greater than was really and truly due; this appeared to be admitted by the plaintiff.
Hall and Vandyke showed cause that the cognizance of mistakes was the peculiar province of the Court [of] Chancery, and that defendant could not on any plea of common law take advantage of the mistake.
Clayton, in support of the rule. Courts of common law do frequently take notice of mistakes and rectify them, 3 Bl.Comm. 431. Certainly we might recover this money in an action for money had and received, and why not give it in evidence under a
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plea of discount? Vide: Fell v. Riley, Cowp. 281, and Mease v. Mease, Cowp. 47.
JOHNS, C. J.
We cannot meddle with it. The remedy is in Chancery.
Rule discharged.