Wilhite v. Ferry
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) A judgment at law will not be enjoined in equity unless there existed a good defense to the action at law or the defendant in the law action was prevented from making his defense by mistake, surprise, fraud, or unavoidable circumstances. High on Injunctions [2 Ed], p.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) A judgment at law will not be enjoined in equity unless there existed a good defense to the action at law or the defendant in the law action was prevented from making his defense by mistake, surprise, fraud, or unavoidable circumstances. High on Injunctions [2 Ed], p. Ill, secs. 165, 166; 1 Black on Judgments, sec. 366. (2) If any negligence is chargeable against petitioner, if it was within his power to have interposed his defense in the action at law and he fails to do so, relief against the judgment can not be granted…
1Opinion of the CourtGill, J.
This is a suit in equity, to enjoin the defendants from enforcing a certain judgment which they obtained against plaintiffs, May 18, 1891. The allegations of the petition were admitted at .the trial, save and except the clause, “that said judgment was rendered and procured without any fault or negligence of these plaintiffs,” etc. Plaintiffs’ counsel have, in a condensed form, set out the conceded facts which we adopt as a fair statement of the case.
It appears that several years ago one Mr. Jordan was appointed curator of the estates of the Blue heirs, and that his bondsmen were R. J.…
2Cases cited3 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Bassett v. HenryMissouri Court of Appeals · 1889
- State ex rel. Ferry v. McGowanMissouri Court of Appeals · 1895
3Cited by3 opinions
- Engler v. KnoblaughMissouri Court of Appeals · 1908
- Ferry v. McGowanMissouri Court of Appeals · 1897
- Sullivan v. KirkpatrickMissouri Court of Appeals · 1913