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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... "
Digest of the United States Supreme Court Reports: U. S. Vols. 1-206. L. Ed ... - Σελίδα 2749
1908
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 7

United States. Supreme Court, William Cranch - 1816 - 684 σελίδες
...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...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...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 σελίδες
...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...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 8

Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1839 - 570 σελίδες
...obtained at law, it may safely be said, that any fact which Dilly and Heckrotte vs. Barnard.— 1836. clearly proves it to be against conscience to execute...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...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 27

New Jersey. Court of Chancery - 1877 - 748 σελίδες
...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...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 4

New Jersey. Court of Chancery - 1846 - 620 σελίδες
...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...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 29

New Jersey. Court of Chancery - 1878 - 738 σελίδες
...as stated 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...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....

An Essay on New Trials

David Graham (Jr.) - 1834 - 712 σελίδες
...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...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...

A Law Dictionary, Adapted to the Constitution and Laws of the ..., Τόμος 1

John Bouvier - 1843 - 752 σελίδες
...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...

Reports of the Supreme Court of the Territory of Wisconsin: For 1842 and 1843

Wisconsin. Supreme Court, Thomas Pendleton Burnett - 1844 - 252 σελίδες
...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,...

Reports of Cases Determined in the Court of Chancery of the State ..., Τόμος 1

New Jersey. Court of Chancery - 1846 - 624 σελίδες
...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...




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