Knox County v. Harshman
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This was a bill in equity by the County of Knox, in the State of Missouri, against Harshman,,a citizen of Ohio, in the Circuit Court of the United States for the Eastern District of Missouri, for a perpetual injunction against the prosecution of the peremptory writ of mandamus issued by that court, pursuant to the judgment and mandate of this court in Ilcwshtna/n v. Know Oounty, 122 U.…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This was a bill in equity by the County of Knox, in the State of Missouri, against Harshman,,a citizen of Ohio, in the Circuit Court of the United States for the Eastern District of Missouri, for a perpetual injunction against the prosecution of the peremptory writ of mandamus issued by that court, pursuant to the judgment and mandate of this court in Ilcwshtna/n v. Know Oounty, 122 U. S. 30Q, to compel the judges of the county court to levy a tax sufficient to pay a judgment recovered by .Harshman in the…
1Opinion of the CourtJustice Gray
A court of equity does. not interfere with judgments at law, unless the complainant has an equitable defence of which he could not avail himself at law, or had a good defence at law .which he was prevented from availing himself óf by fraud or accident, unmixed with negligence of himself or his 'agents. Marine Ins. Co. v. Hodgson, 7 Cranch, 332, 336; Hendrickson v. Hinckley, 17 How. 443, 445; Crim v. Handley, 94 U. S. 652; Phillips v. Negley, 117 U. S. 665, 675.
In the case before us, the bill in equity of the judgment-debtor contains no allegation of any fraud on the part of the judgment…
2Cases cited10 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Phillips v. NegleySupreme Court of the United States · 1886
- Thompson v. United StatesSupreme Court of the United States · 1881
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Crim v. HandleySupreme Court of the United States · 1877
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