 ... 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,...  The Pacific Reporter - Page 1681902Full view - About this book
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...settled that any fact which clearly proves it to be against conscience to execute a judgment at law, and of which the injured party could not have availed...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,... | |
 | 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... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1847 - 704 pages
...Marshall, Ch. J. said, " that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not...fault or negligence in himself or his agents, will justify an application to a court of chancery." But, l>e added, it was no ground for the interference... | |
 | Georgia. Supreme Court - Equity - 1855 - 682 pages
...this: that any fact which proves it to be against conscience to execute such judgment, and of which the party could not have availed himself in a Court of...was prevented by fraud or accident, unmixed with any fraud or negligence, in himself or his agents, will authorize a Court of Equity to interfere, by injunction,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1847 - 668 pages
...— that any fact which proves it to be against conscience to execute such judgment, and of which the party could not have availed himself in a court of law, or of which he might nave availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...Johns, 465. Any fhct which clearly proves it to be against conscience to execute a judgment at law, and of which the injured party could not have availed...any fault or negligence in himself or his agents, w^ll authorize a court of equity to interfere by injunction. Marine /rt?. Си. v. H-xlyson, 7 Crunch,... | |
 | John Adams - Equity - 1852 - 816 pages
...& C. 271. 1 Any fact which clearly proves it to be against conscience to execute a judgment at law, and of which the injured party could not have availed...of law; or of which he might have availed himself, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents,... | |
 | John Thompson (Barrister-at-law) - 1854 - 214 pages
...it is against conscience to execute such a judgment, and of which the injured party could not avail himself in a Court of Law, or of which he might have...Court of Equity to interfere by injunction to restrain such adverse party from availing himself of such judgment : (Story Eq. Jur. s. 887.) Generally speaking,... | |
 | David Graham (Jr.) - New trials - 1855 - 650 pages
...safely be said that any fact which clearly proves it to be against conscience to execute ajudgment, and of which the injured party could not have availed...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, be laid... | |
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