 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1816 - 684 pages
...contended that the Plaintiffs have not made out a case which entitles them to the aid of a Court of equity. Without attempting to draw any precise line to which...will justify an application to a Court of Chancery. On the other hand it may with equal safety be laid down as a general rule that a defence cannot be... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...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...agents, will justify an application to a Court of Equity." Can any man say, that the accident here has been unmixed with any fault or negligence, in... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1877 - 748 pages
...part ; or, as it is stated by 'Chief Justice Marshall, in Marine Ins. Co. v. Hodgson, 7 Cranch 335, " any fact which clearly proves it to be against conscience...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... | |
 | David Graham (Jr.) - New trials - 1834 - 712 pages
...of the defendant in equity, and, as the complainants alleged, most unjustly. Marshall, Ch. J. — " Without attempting to draw any precise line to which...will justify an application to a court of chancery. On the other hand, it may, with equal safety, be laid down as a general rule, that a defence cannot... | |
 | 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
...underwriters were induced to agree to a high valuation, and thereby defrauded, Marshall CJ says, wiihout attempting to draw any precise line to which courts...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,... | |
 | James Philemon Holcombe - Equity - 1846 - 376 pages
...injured party could not avail himself, in a Court of Law, or of which he could have availed himself, but was prevented by fraud, or accident unmixed with...any fault or negligence in himself or his agents. 2 An injunction will not be granted to stay a sale under an execution, on the ground that the judgment... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...party 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 neglect in himself or his agents, will authorize a court of equity to interfere by injunction. Maine... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1847 - 704 pages
...new and most dangerous precedent. In The Marine Ins. Co. v. Hodgson, 7 Crunch, 336, Marshall, Ch. J. said, " that any fact which clearly proves it to be...will justify an application to a court of chancery." But, l>e added, it was no ground for the interference of a court of equity, that it might be of 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... 
