| North Carolina. Supreme Court - 1881 - 942 páginas
...partv 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 negligence in himself or his agents. Adams Eq., 197, note 1, and cases there cited. In the view we have taken of the case, we do not think... | |
| Isaac Grant Thompson - 1882 - 962 páginas
...judgments when obtained by fraud. Any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not...will justify an interference by a Court of Equity." Under our present judiciary system, the functions of the courts of common law and chancery are united... | |
| United States. Supreme Court - 1882 - 866 páginas
...the injured party could not have availed himself in a court of law; or of which he might have availed f not exempting persons application to a court of chancery. On the other hand it may with equal safety be laid down as a general... | |
| United States. Supreme Court - 1892 - 1066 páginas
...the injured party -ould 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,...negligence in himself or his agents, will justify an application to a court of chancerv." Insurance Co. v. Hodgson, 7 Cranch, 332, 336; Hendrickson v. Hinckley,... | |
| United States. Supreme Court - 1883 - 890 páginas
...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,...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 down as a general... | |
| Delaware. Court of Chancery - 1883 - 644 páginas
...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,...negligence in himself "or his agents, will justify an application to a Court of Chan"cery. On the other hand it may, with equal safety, belaid " down as... | |
| United States. Supreme Court - 1883 - 1004 páginas
...availed himself in a court of law, or of which he might have availed himself at law, but was prevent?*! by fraud or accident, unmixed with any 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 down as a general... | |
| 1917 - 1228 páginas
...injured party could not have avail«! himself in a court of law, or of which he misrlit have availed himself at law, but was prevented by fraud or accident...negligence in himself or his agents, will justify an application to a court of chancery." An equitable suit for the review of a judgment at law is akin... | |
| 1917 - 1226 páginas
...could not have availed himself in a court of law, or of which he might have availed himself there, but was prevented by fraud or accident unmixed with...fault or negligence in himself or his agents, will authorize a court of equity to enjoin the adverse party from enforcing such judgment." 23 Cyc. 991.... | |
| 1902 - 1166 páginas
...Sigerson, 20 How. 156, 15 L. Ed. 869. He must have been prevented from availing himself of the defense by fraud or accident, unmixed with any fault or negligence In himself or his agents, before a court of equity Is authorized to Interfere by injunction to restrain the adverse party from... | |
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