Adams v. Hubbard
Supreme Court of Virginia
In September 1870 John Hubbard filed his bill in the County court of Patrick county, to enjoin a judgment for $1,000 and interest, which had been recovered in that court by Isaac Adams ag-ainst himself and William G. Price and Jonathan W. Hubbard, as partners. The bill alleged that the plaintiff was not a partner with Price and Jonathan W. Hubbard, and was no party to the contract upon which the action at law was brought.
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In September 1870 John Hubbard filed his bill in the County court of Patrick county, to enjoin a judgment for $1,000 and interest, which had been recovered in that court by Isaac Adams ag-ainst himself and William G. Price and Jonathan W. Hubbard, as partners. The bill alleged that the plaintiff was not a partner with Price and Jonathan W. Hubbard, and was no party to the contract upon which the action at law was brought. And the plaintiff’s excuse for not ^defending the action is, that in February 1868, when the case was tried, he, who is a very old and feeble man, seventy-six years of age,…
1Opinion of the CourtStapbes, J.
The rules governing courts of equity in awarding new trials in actions at law are well settled. The party applying for relief must show that he has a good defense, of which either he had no knowledge until after judgment, or that he was prevented from making it by fraud or accident or some act of the adverse party, unmixed with negligence or fault on his part. 2 Rob. Prac. 213; Green & Suttle v. Massie, 21 Gratt. 356.
The question to be considered by us is, whether John Hubbard, the appellee, consistently with these principles, is entitled to relief against the judgment recovered against him…
2Cases cited1 opinion
- Markham v. BoydSupreme Court of Virginia · 1872
3Cited by4 opinions
- Wynne v. Newman's Adm'orSupreme Court of Virginia · 1881
- Tennant v. DivineWest Virginia Supreme Court · 1884
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
- Zickefoose v. KuykendallWest Virginia Supreme Court · 1877