... 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 120by Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1917Full view - About this book
| Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - Law reports, digests, etc - 1834 - 632 pages
...chancery . But, in this case, it was not, and could not be set up at law. 7 Cranch, page 336, by Marshall: "Without attempting to draw any precise line, to which...equity will advance, and which they cannot pass, in restiaining parties from availing themselves of judgments at law, it may be safely said that any iact... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1882 - 694 pages
...it executed. "Without attempting," said CJ Marshall, in Marine. Ins. Co. v. Hodyion, 1 Cranch, 332, "to draw any precise line to which courts of equity...availing themselves of judgments obtained at law, it may be safely said, that any fact which clearly proves it to be against conscience to execute a judgment,... | |
| Law reports, digests, etc - 1916 - 1140 pages
...Jones, 44 Ga. 71: 1 Black on Judgments (2d Ed.) §§ 335, 345, 381. ÁlaJ (Ala. "As a general rule, any fact which clearly proves it to be against conscience...execute a judgment, and of which the injured party could uot have availed himself in a court of luw, or of which he might have availed himself there, but was... | |
| Missouri. Courts of Appeals - Law reports, digests, etc - 1908 - 836 pages
...Marine Ins. Co. v. Hodgson, 7 Cranch 336, in terms which have been generaly approved and followed, ie, any fact which clearly proves it to be against conscience to execute the judgment, and of which the injured party could not have availed himself at law; or of which he... | |
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