 | George Shall Yerger, Tennessee. Supreme Court - Law reports, digests, etc - 1833 - 640 pages
...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 - Law reports, digests, etc - 1840 - 594 pages
...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... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1846 - 628 pages
...was ignorant of the facts pending the suit at law, or that they could not be received as a defence, or unless he was prevented from availing himself of...opposite party, unmixed with negligence on his part. The case of Foster vs. Wood, 6 John. Ch. R. 87, was similar to this. The bill charged that the defendant... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1178 pages
...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 - Law reports, digests, etc - 1871 - 818 pages
...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 - Courts - 1853 - 538 pages
...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 - Injunctions - 1865 - 666 pages
...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 - Law reports, digests, etc - 1872 - 580 pages
...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 - Judgments - 1873 - 592 pages
...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 - Judgments - 1874 - 688 pages
...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... | |
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... by fraud, accident, or the act of the opposite party, unmixed with negligence on his part. 
