Ross v. . Wood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant Perez, entered upon an order sustaining a demurrer to plaintiff’s complaint. This action was brought to annul and set aside a judgment rendered in an action in the city court of Brooklyn, wherein defendant, Sarah Wood, was plaintiff, and the plaintiff herein was defendant. The defendant Perez alone appeared.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant Perez, entered upon an order sustaining a demurrer to plaintiff’s complaint. This action was brought to annul and set aside a judgment rendered in an action in the city court of Brooklyn, wherein defendant, Sarah Wood, was plaintiff, and the plaintiff herein was defendant. The defendant Perez alone appeared. The complaint in substance alleged that said defendant Sarah Wood executed to plaintiff a deed of certain premises, and thereafter colluding and…
1Opinion of the CourtAllen, J.
The rule as stated by Ch. Kent in Foster v. Wood’ (6 J. C. R., 87), is, that chancery will not relieve against a judgment at law on the ground of its being con- • trary to equity, unless the defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a defense, or unless he was prevented from availing himself of the defense by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part. The fraud which will justify equitable interference in setting aside judgments and decrees must be actual and…
2Cases cited1 opinion
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
3Cited by44 opinions
- Crouse v. . McVickarNew York Court of Appeals · 1912
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Graves v. GravesSupreme Court of Iowa · 1906
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Brown v. TrentSupreme Court of Oklahoma · 1912
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