Legal Opinion

Jamison v. May

Supreme Court of Arkansas

Decided January 15, 1853PublishedCited by 2 opinions

Appeal from the Chancery side of Union Circuit Court.- Ignorance of facts, at the time of atrial at law, sufficient to defeat the plaintiff’s action, if pleaded, will not entitle a party to relief in equity, unless he shows that he could not have obtained a knowledge of those facts by the use of ordinary diligence. Miller vs. Gaskine, 1 Sm. ¿¡- Mar.

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Appeal from the Chancery side of Union Circuit Court.- Ignorance of facts, at the time of atrial at law, sufficient to defeat the plaintiff’s action, if pleaded, will not entitle a party to relief in equity, unless he shows that he could not have obtained a knowledge of those facts by the use of ordinary diligence. Miller vs. Gaskine, 1 Sm. ¿¡- Mar. Ch. R. 524. Leggett vs. Morris, 6 Sm. ¿y Mar. 723. Equity will not aid a party after a trial at law, unless he can impeach the justice of the verdict by facts, or on grounds of which he could not avail himself, or was prevented from doing so by…

1Opinion of the CourtJustice Walker

May filed his bill against Jamison and others, to injoin the collection of a judgment recovered by Jamison against May, in an action of debt upon the transcript of a judgment rendered in the circuit court of Monroe county, Alabama, in a suit in detinue, brought by Jamison against May, for the recovery of a slave.

At the appearance term, Jamison demurred to the bill; but the court overruled his demurrer, and rendered a final decree perpetually enjoining the judgment of the Union circuit court.

The case comes before us by appeal, and the question of error is, that the court below erred in…

2Cases cited3 opinions

  1. Carrel v. EarlyCourt of Appeals of Kentucky · 1815
  2. Watson v. PalmerSupreme Court of Arkansas · 1844
  3. Bishop v. DuncanCourt of Appeals of Kentucky · 1835

3Cited by2 opinions

  1. Ex parte HayesSupreme Court of Alabama · 1890
  2. Perrine v. WhiteNew Jersey Court of Chancery · 1882

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