... 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... United States Supreme Court Reports - Страница 349по United States. Supreme Court - 1886Пълен достъп - Информация за книгата
| Alabama. Supreme Court - 1882 - 694 страници
...in restraining parties from availing themselves of judgments obtained at law, it may be safely said, that any fact which clearly proves it to be against...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." The doctrine... | |
| 1905 - 1340 страници
...Throekmorton Case, does not place the decision, in terms, upon that rule, but upon the broader rule "that any fact which clearly proves it to be against...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." Still there... | |
| 1916 - 1140 страници
...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... | |
| Julian Davison, Bruce Granquist - 1999 - 1302 страници
...with fraud, and not the result of the negligence of the injured party. ****** " 'It may safely be said that any fact which clearly proves it to be against...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. On the other... | |
| Joseph Story, Melville M. Bigelow - 2000 - 488 страници
...was for 500; ante, p. 179, note. LR 3 Ch. 203. And it should be 40 Ga. 007; Marlin v. Jewell, 37 Md. Law, or of which he might have availed himself at law, but w;is prevented by fraud or accident, (a) unmixed with any fault or negligence in himself or his agents,... | |
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