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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... "
Wisconsin Reports - Page 120
by Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1917
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The Southern Reporter, Volume 22

Law reports, digests, etc - 1898 - 1052 pages
...to the Injunction of judgments rendered by courts of law is thus stated by Chief Justice Marshall: "Without attempting to draw any precise line to which...at law, It may safely be said that any fact which proves It to be against conscience to execute a judgment, and of which the Injured party could not...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 159

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1899 - 780 pages
...Justice Marshall stated the law in language which has often been quoted and relied upon, as follows: "Without attempting to draw any precise line to which courts of equity will advance, and which they canuot pass, in restraining parties from availing themselves of Argument for Appellee. judgments obtained...
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The American State Reports: Containing the Cases of General Value ..., Volume 84

Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1054 pages
...chancery has power to grant relief against judgments obtained by fraud. "Any fact," says the court, "which clearly proves it to be against conscience...judgment, and of which the injured party could not avail himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...
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A Selection of Cases on the Law of Pleading Under Modern Codes

Edward Wilcox Hinton - Pleading - 1906 - 878 pages
...unquestionable that a court of chancery has power to grant relief against judgments when obtained by fraud. Any fact which clearly proves it to be against conscience...judgment, and of which the injured party could not avail himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1907 - 806 pages
...by Chief T9C.CA— 25 Justice Marshall, in Marine Ins. Co. v. Hodgson, 7 Cranch, 332, 3 L.Ed. 362: "Any fact which clearly proves It to be against conscience to execute « judgment, and of which the Injured party could not have availed himself at law, but was prevented...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 138

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1909 - 784 pages
...Marine Ins. Co. v. Hodgson, 7 Cranch, 332. It was said, without attempt to define precise limitations, that "any fact which clearly proves it to be against...judgment, and of which the injured party could not Boriite v. Ott, 138 Wis. 200. 'have availed himself in a court of law ; or of which he might have availed...
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United States Supreme Court Reports, Volume 3

United States. Supreme Court - Law reports, digests, etc - 1910 - 830 pages
...contended that the plaintiffs have not made out a case which entitles them to the aid of a court of equity. Without attempting to draw any precise line to which...at law, it may safely be said that any fact which cloarly proves it to be against conscience to execute a judgment, and of which the injured party could...
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A Treatise on New Trial and Appeal: Appeal

Robert Y. Hayne - Appellate procedure - 1912 - 1036 pages
...principle was stated by Marshall, CJ, delivering the opinion in Marine Ins. Co. v. Hodgson,1 as follows: "Without attempting to draw any precise line to which...be against conscience to execute a judgment, and of » Story's Equity Jurisprudence, appear that the party could not sec. 874. avail himself of his defense...
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The Northwestern Reporter, Volume 145

Law reports, digests, etc - 1914 - 1242 pages
...Hodgson. Chief Justice Marshall there guarded the doctrine proclaimed by prefacing with these words: "Without attempting to draw any precise line to which...restraining parties from availing themselves of Judgments at law, it may be safely said," etc., using the language before quoted. This court, In the Stowell...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 155

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1914 - 784 pages
...Laun v. Kipp, 155 Wis. 347. proclaimed by prefacing with these words : "Without attempting to drsiw any precise line to which courts of equity will advance...restraining parties from availing themselves of judgments at law, it may be safely said," etc., using the language before quoted. This court, in the Stowell...
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