 | William A. Shinn - Bankruptcy - 1875 - 624 pages
...judgment, and of which the enjoined party could not have availed himself at the trial at law . . . will authorize a Court of Equity to interfere by injunction...restrain the adverse party from availing himself of such adverse judgment." Not doubting, therefore, the power of this court over the creditors in these judgments,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1875 - 750 pages
...when the judgment was given against him, if a court of law, or of which he might have availed himself, but was prevented by fraud or accident unmixed with any fault or negligence of his own. But a court of equity will. never interfere with a judgment obtained in another court,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1876 - 628 pages
...proves it to be against conscience to execute a judgment, and of which the injured party could not avail himself at law, but was prevented by fraud or accident,...fault or negligence in himself or his agents, will justify an interference by a court of equity." Ross agt. Wood. The judgment of which complaint is made... | |
 | Joseph Story - Equity - 1877 - 908 pages
...of law, or of which he might have availed himself at law, 'but was prevented by fraud or accident,6 unmixed with any fault or negligence in himself or...restrain the adverse party from availing himself of such judgment.7 Bills of this sort are usually called bills for a new trial.8 § 888. It has been remarked... | |
 | United States. Circuit Court (4th Circuit) - Admiralty - 1877 - 684 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 certainty be laid... | |
 | New Jersey. Court of Chancery - Equity - 1877 - 748 pages
...and of which the injured party could not have availed himself hi a court of law, or of which he might have availed himself at law, but was prevented by...unmixed with any fault or negligence in himself or his agent, will justify an application to a Court of Chancery." If new testimony be relied upon as a ground... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1877 - 1278 pages
...which the injured part}' could not have availed himself in the court of law, or of which lie might have availed himself at law, but was prevented by...or accident, unmixed with any fault or negligence, of himself,or his agents, may be a sufficient ground for enjoining the execution of a judgment." If,... | |
 | William Wait - Actions and defenses - 1878 - 1000 pages
...the injured party could not have availed himself at law, or of which he might have availed himself, but was prevented by fraud or accident, unmixed with...adverse party from availing himself of such judgment. Marine Ins. Co. v. Hodgson, 7 Cranch (US), 336; Truly v. Warner, 5 How. (US) 142; Emerson v. Udatt,... | |
 | Law reports, digests, etc - 1902 - 1128 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. * * * Being capable of Imposing its own terms on the... | |
 | Law reports, digests, etc - 1910 - 2132 pages
...of which the Injured party could not have availed himself In • 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." —and granted the relief sought. I am of the opinion... | |
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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... 
