 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1816 - 684 pages
...restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience...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... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...conscience, to execute a judgFebruary. ment, and of wnjcn tlie injured party could not have availDickinson ed himself in a Court of Law, or of which he might have Sizer. availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1846 - 620 pages
...restraining parties from availing themselves of judgments obtained at law, it may safely be said, that any fact which clearly proves it to be against conscience...was prevented by fraud or accident, unmixed with any fraud or negligence in himself or his agent, will justify an application to a court of chancery. In... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...aid could not have availed himself at law; or, as stated by Chief Justice MarCox v. Westcont. shall, in Marine Ins. Co. v. Hodgson, 7 Cranch 335, "Any...could not have availed himself in a court of law, will justify an application to a court of chancery." Cairo and Fulton .R. /?. Co. v. Titus, 12 CE Gr.... | |
 | David Graham (Jr.) - New trials - 1834 - 712 pages
...restraining parties from availing themselves of judgments obtained at law, it may safely be said, that any fact which clearly proves it to be against conscience...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,... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...injured party could not avail himself in a court of law ; or, if he could have so availed himself, he was prevented by fraud or accident, unmixed with any fault or negligence of himself or his agents. Mitf. PI. by ! Jeremy, 131 ; 2 Story, Eq. § 887. I Of late years bills of... | |
 | Wisconsin. Supreme Court, Thomas Pendleton Burnett - Law reports, digests, etc - 1844 - 252 pages
...restraining parties from availing themselves of judgments obtained at. law, it may safely be said, that any fact which clearly proves it to be against conscience...or accident, unmixed with any fault or negligence of himself or agent, will justify an appeal to a court of chancery. A defence cannot be set up in equity,... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 624 pages
...restraining parties from availing themselves of judgments obtained at law, it may safely be said, that any fact which clearly proves it to be against conscience...was prevented by fraud or accident, unmixed with any fraud or negligence in himself or his agent, will justify an application to a court of chancery. In... | |
 | James Philemon Holcombe - Equity - 1846 - 376 pages
...laid down in 7 Cranch, 332, that a Court of Chancery will interpose where any fact is shown, prov. ing it to be against conscience to execute a judgment, and of which the injured party could not avail himself, in a Court of Law, or of which he could have availed himself, but was prevented by fraud,... | |
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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... 
