 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...party could not have availed himself in a court of law, or of which he might have availed himself, but was prevented by fraud or accident, unmixed with any fault or neglect in himself or his agents, will authorize a court of equity to interfere by injunction. Maine... | |
 | United States. Supreme Court - Law reports, digests, etc - 1847 - 668 pages
...judgment, and of which the party could not hare availed himself in a court of law, or of which he might have availed himself at law, but was prevented by...adverse party from availing himself of such judgment. See 2 Story's Equity Jurisprudence, 887. It is too plain for argument that none of these conditions... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1847 - 704 pages
...of which the injured party could not have availed himself in a court of law ; or of which he might have availed himself at law, but was prevented by...fault or negligence in himself or his agents, will justify an application to a court of chancery." But, l>e added, it was no ground for the interference... | |
 | Georgia. Supreme Court - Equity - 1855 - 682 pages
...judgment, and of which the party could not have availed himself in a Court of Law, or of which he might have availed himself at Law, but was prevented by fraud or accident, unmixed with any fraud or negligence, in himself or his agents, will authorize a Court of Equity to interfere, by injunction,... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1848 - 918 pages
...as applicable to cases like the present, is found in the doctrine, " that courts of equity will not interfere by injunction to restrain the adverse party from availing himself of a judgment at law, unless he was prevented from making his defence, which is legal, by fraud or accident,... | |
 | John Adams - Equity - 1852 - 816 pages
...party could not have availed himself in a court of law; or of which he might have availed himself, but was prevented by fraud or accident, unmixed with...authorize a court of equity to interfere by injunction ; Mariuc Ins. Co. v. Hodgson, 7 Cranch, 332. Especially in case of fraud, Lee v. Baird, 4 Hen. & Munf.... | |
 | John Thompson (Barrister-at-law) - 1854 - 214 pages
...judgment, and of which the injured party could not avail himself in a Court of Law, or of which he might have availed himself at law, but was prevented by...Court of Equity to interfere by injunction to restrain such adverse party from availing himself of such judgment : (Story Eq. Jur. s. 887.) Generally speaking,... | |
 | David Graham (Jr.) - New trials - 1855 - 650 pages
...and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by...fault or negligence in himself or his agents, will justify an application to a court of Chancery. On the other hand, it may, with equal safety, be laid... | |
 | Georgia. Supreme Court - Equity - 1855 - 700 pages
...judgment, and of which the party could not have availed himself in a Court of Law, or of which he might have availed himself at Law, but was prevented by fraud or accident, unmixed with any fraud or negligence, in himself or his agents, will authorize a Court of Equity to interfere, by injunctiony.to... | |
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... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident... 
