 | United States. Supreme Court, William Cranch - 1816 - 684 pages
...availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any 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 down... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 pages
...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 in himself or his agents, will justify an application to a Court of Equity." Can any man say, that the accident here has been unmixed... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1839 - 570 pages
...availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any 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... | |
 | New Jersey. Court of Chancery - 1877 - 748 pages
...availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, 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.) - 1834 - 712 pages
...availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any 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... | |
 | James Philemon Holcombe - 1846 - 376 pages
...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 - 1872 - 752 pages
...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 Insurance Company c. Hodgson, 7 Cranch, 8S2; Adams' Eg., 5, Am. ed. 891; and cases cited. It... | |
 | United States. Supreme Court - 1847 - 668 pages
...availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...adverse party from availing himself of such judgment. Hence, where a party had remained for ten years in the undisturbed enjoyment of the property which... | |
 | Georgia. Supreme Court - 1855 - 682 pages
...he might have availed himself at Law, but was prevented by fraud or accident, unmixed with any fraud or negligence, in himself or his agents, will authorize...adverse party from availing himself of such judgment". Here, every fact charged in the bill, is admitted, by the demurrer, to be true. It is admitted that... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1847 - 704 pages
...availed himself in a court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any 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... | |
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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,... 
