 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 760 pages
...; or of which he might have availed himself at law, but was INJUNCTIONS AGAINST PROCEEDING AT LAW. prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery." These cases define the extent and nature of the jurisdiction... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...judgment, and of which the injured party could not avail himself in a court of law, or of which he could have availed himself at law, but was prevented by...fault or ne'gligence in himself or his agents, will justify an application to a court of chancery. Ibid. 383. If an equitable title be merged in a grant,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1863 - 640 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 a party cannot ask for relief in equity on the... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1872 - 634 pages
...which the injured party could not have availed in a court of law, or of which he might have availed at law, but was prevented by fraud or accident, unmixed...any fault or negligence in himself or his agents. Ames v. Snider, 498. 9. A judgment by default being rendered against a defendant in a suit at law,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1911 - 710 pages
...is against conscience to execute a judgment and the defendant was prevented from making his defense by fraud or accident unmixed with any fault or negligence in himself or his agents, and the rights of third parties have not intervened, equity will relieve against the wrong. (Hilt v.... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1847 - 824 pages
...conscience to execute such judgment, and of which the injured party could not avail himself in a Court of Law, but was prevented by fraud or accident, unmixed with any fault or negligence on his part, will authorize a Court of Equity to interfere by injunction, to restrain the party from... | |
 | Henry Jacob Labatt - Law reports, digests, etc - 1861 - 1182 pages
...Courts of equity will only interfere to enjoin a judgment at law rendered against him by reason of fraud or accident, unmixed with any fault or negligence in himself or his agents. Phelps v. Peabody, 7 Cal. 52. 119. Equity will not entertain jurisdiction of an action to set aside... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 820 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...adverse party from availing himself of such judgment." See also Story, Eq. Jur. ยง 887. In the case before us, the surety had been compelled to pay the whole... | |
 | Joseph Story - Equity - 1870 - 914 pages
...of law, or of which he might have availed himself at law, but was prevented by fraud or accident,7 unmixed with any fault or negligence in himself or...restrain the adverse party from availing himself of such judgment.3 Bills of this sort are usually called bills for a new trial.9 1 Mitf. Eq. Pl. by Jeremy,... | |
 | Georgia. Supreme Court - Equity - 1871 - 860 pages
...might have availed himself :it law, but was prevented by fraud or accident, unmixed with any fraud or negligence in himself or his agents, will authorize...restrain the adverse party from availing himself of said judgment?" From these authorities it appears that there is a class of cases where a Court of Equity... | |
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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... 
