 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1816 - 684 pages
...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 to...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
...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 - 1877 - 748 pages
...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 to...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... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1846 - 620 pages
...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 to...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
...by Chief Justice MarCox v. Westcont. shall, in Marine Ins. Co. v. Hodgson, 7 Cranch 335, "Any fact which clearly proves it to be against conscience to...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
...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 to...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
...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 to...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
...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 to...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... | |
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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... 
