 | George Shall Yerger, Tennessee. Supreme Court - 1833 - 640 páginas
...has undergone a full and fair investigation at law, unless the party has been prevented by fraud, or accident, or the act of the opposite party, unmixed with negligence on his own part, from making his defence. A bill for discovery comes too late after a trial at law; it should... | |
 | Ohio. Supreme Court - 1840 - 594 páginas
...or on grounds of which he could not have availed himself, or was prevented from doing it by fraud or accident, or the act of the opposite party, unmixed with negligence on his part.' In Curtis <$• W'illiar.-S vs. Cissna, (I Ohio Rep. 435,) this court determined it not to be a subject... | |
 | Alabama. Supreme Court - 1846 - 1178 páginas
...exercise of ordinary diligence to discover it ; or that he was prevented from employing such diligence by fraud, accident, or the act of the opposite party, unmixed with fault or negligence on his part. [Lee and Norton v. The Ins. Bank of Columbus, 2 Adams v. Framptorr... | |
 | Alabama. Supreme Court - 1871 - 818 páginas
...ordinary diligence, he could not discover it, or that he was prevented from employing such diligence, by fraud, accident, or the act of the opposite party, unmixed with fault or negligence on his part. — Reavis' Digest, p. 204, § 701, and the cases there referred to.... | |
 | Asa Kinne - 1853 - 538 páginas
...ordinary diligence, the defence could not have been discovered ; or that he was prevented from doing so by fraud, accident, or the act of the opposite party, unmixed with fraud or negligence on his part. — Lee Sf Norton v. '1'he Insurance Bank of Columbus et als., 2 Alabama... | |
 | Francis Hilliard - 1865 - 666 páginas
...exercise of ordinary diligence to discover it, or that he was prevented from employing such diligence by fraud, accident, or the act of the opposite party, unmixed with fault or negligence on his own part.8 So where the plaintiff in an action at law fails, for want of... | |
 | Ohio. Supreme Court - 1872 - 580 páginas
...or on grounds of which he could not have availed himself, or was prevented from doing it by fraud or accident, or the act of the opposite party, unmixed with negligence on his part." In Curtis & Williams v. Cissna, 1 Ohio, 435, this court determined it not to be a subject of inquiry... | |
 | Abraham Clark Freeman - 1873 - 590 páginas
...not have been received as a defense, or unless he was prevented from availing himself of the defense by fraud, accident or the act of the opposite party unmixed with negligence or fault on his part."1 But where judgment was recovered against C. and K., and afterwards revived... | |
 | Abraham Clark Freeman - 1874 - 688 páginas
...ordinary diligence, he could not discover it, or that he was prevented from employing such diligence by fraud, accident, or the act of the opposite party, unmixed with negligence on his part."3 But whenever a case arises in which a party has an unjust judgment or decree rendered against... | |
 | 1886 - 848 páginas
...ignorant of the facts pending the •nit at law, or that they could not have been received as a defense, or unless he was prevented from availing himself of...opposite party, unmixed with negligence on his part; also in. Leigh v. Armour, Id. 127, to the point that the ancient and inherent jurisdiction of a court... | |
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... by fraud, accident, or the act of the opposite party, unmixed with negligence on his part. 
