 | New York (State). Court of Chancery, William Johnson - 1828 - 556 pages
...defence, or unless he was prevented from availing himself of the defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. (Lansing v. Eddy, 1 Johns. Ch. Rep. 51. Duncan v. Lyon, 3 Johns. Ch. Rep. 351.) And if P. and S., the... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1839 - 570 pages
...which, he could not have availed himself, or was prevented from doing it by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. 1 John. ch. 61. 3 John. ch. 356. Apply this rule to the case under consideration, and it is manifest... | |
 | George Shall Yerger, Tennessee. Supreme Court - 1833 - 640 pages
...could not have availed himself of at law, or was prevented from doing it by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part .(o) The bill charges, that in the year 1818, John I. Moore, in the state of Virginia, recovered a... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1847 - 704 pages
...defence, or unless he was prevented from availing himself of the defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part." I might refer to many English and American cases in support of the same doctrine, but it is enough... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1847 - 664 pages
...could not have availed himself at law, or was prevented from doing it by fraud, or accident, or the act of the opposite party, unmixed with negligence or fault on his part." This principle, thus first announced by this court in 1832, has never been departed from, but on the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1849 - 706 pages
...was prevented from availing himself of his defence against the judgment by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. (Foster v. Wood. 6 John. Ch. 87. Ft/a* v. Jones, 1 Comstock, 281.) The case made by the bill is clearly... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1849 - 864 pages
...relief, unless the party was prevented from making his defence at law, by accident or fraud, or some act of the opposite party, unmixed with negligence or fault on his part. From the evidence of Justice Kleets, it appears that Gwinn did not, in fact, confess judgment before... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1866 - 616 pages
...during the suit, or was prevented from availing himself of such defence by fraud or accident, or by the act of the opposite party unmixed with negligence or fault on his part. — Foster v. Wood, 6 Johns. Ch., 89 ; Wixon v. Davis, Walk. Ch., 15 ; Wingate v. Haywood, N H., 437... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 760 pages
...defence, or unless he was prevented from availing himself of the defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part." And in The Marine Ins. Co. of Alexandria v. Hodgson, 7 Cranch, 332, CJ Marshall stated the rule which... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1862 - 466 pages
...ignorance of some fact; or was prevented from availing himself of his defence by fraud, accident, or by the act of the opposite party, unmixed with negligence or fault on his part. (Foster v. Wood, 6 Johns. Ch. B. 89 ; The Marine Ins. Co. of Alexandria v. Hodgson, 7 Cranch, 332;... | |
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... or was prevented from doing it, by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. 
