 | New York (State). Court of Chancery, William Johnson - Equity - 1828 - 556 pages
...not have been received as a defence, or unless he was prevented from availing himself of the defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. (Lansing v. Eddy, 1 Johns. Ch. Rep. 51. Duncan v. Lyon, 3 Johns. Ch.... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1877 - 748 pages
...judgment at law wlien its justice can be impeached by facts, or on grounds, of which the party seeking it? aid could not have availed himself at law, or of which...unmixed with any fraud or negligence on his part. 2. If new testimony be relied on as a ground for equitable interference with the judgment, and such... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - Law reports, digests, etc - 1839 - 570 pages
...by facts, 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 or fault on his part. 1 John. ch. 61. 3 John. ch. 356. Apply this rule to the case under... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1893 - 690 pages
...received in the suit at law, or where the complainant was prevented from availing himself of the defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fraud on his part." Herbert v. Herbert, 2 Dick. Ch. Rep. 11, 16. And Chancellor Williamson,... | |
 | George Shall Yerger, Tennessee. Supreme Court - Law reports, digests, etc - 1833 - 640 pages
...undergone a full and fair investigation at law. If a defendant has not been prevented from defending himself by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part, it would be an encouragement to negligence, and drawing within the... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1840 - 594 pages
...on facts, 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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1104 pages
...could properly have been interposed in the Court of Law, unless he has been prevented from using it by fraud, or accident, or the act of the opposite party, unmixed with fault or negligence on his own part. [French v. Garner, 7 Porter, 549; Cullumv. Casey, 1 Ala. Rep.... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...not have been received as a defence, or unless he was prevented from availing himself of the defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fraud on his part.7' The complainant insists, however, that he is entitled to a credit... | |
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... it by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part. 
