Mills v. Briggs
Hawaii Supreme Court
ON APPEAL. The sole g-bounds of belief in equity against a judgment of a Court of law are for accident, fraud, mistake or surprise, and where, on account of one or more of these causes, it would be against conscience to execute the judgment. A judgment at law should not be lightly interfered with in equity.
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ON APPEAL. The sole g-bounds of belief in equity against a judgment of a Court of law are for accident, fraud, mistake or surprise, and where, on account of one or more of these causes, it would be against conscience to execute the judgment. A judgment at law should not be lightly interfered with in equity. The discovery of fresh evidence, except in rare instances, and where the Court feel absolutely sure that a wrong has been done by the judgment attacked, is not sufficient upon whieh to set aside or modify a judgment. A motion for new trial before judgment entered, and a bill to set aside…
1Opinion of the Court
Opinion of the Court by
Ausrisr, J.
The only grounds on which relief is claimed in the bill against the judgment at law entered in the Supreme Court in favor of the present defendant against the present plaintiff for $2,000 damages are, that the plaintiff was takeu by surprise on the trial of that case, and that since the trial he. has discovered evidence which is material and not cumulative and which probably would have modified the result of that trial.
The effort to obtain relief on the ground of surprise has, we think, very properly been abandoned on the argument before us. Only the other…
2Cited by4 opinions
- Wallace v. WallaceHawaii Intermediate Court of Appeals · 1980
- Norris v. de HerblayHawaii Supreme Court · 1894
- Scott v. PilipoHawaii Supreme Court · 1913
- In re the Estate of BrownHawaii Supreme Court · 1919