Crim v. Handley
Supreme Court of the United States
Appeal from tbe Circuit Court of the United States for the Southern District of Georgia. Handley, on the 14th of April, 1873, brought suit in the Circuit Court of the United States for the Southern District of Georgia against Crim and Peeples, surviving partners of King, Crim, & Co., on four promissory notes, executed by the firm to Buffington & Co. The defence was payment. Peeples also pleaded his discharge in bankruptcy.
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Appeal from tbe Circuit Court of the United States for the Southern District of Georgia. Handley, on the 14th of April, 1873, brought suit in the Circuit Court of the United States for the Southern District of Georgia against Crim and Peeples, surviving partners of King, Crim, & Co., on four promissory notes, executed by the firm to Buffington & Co. The defence was payment. Peeples also pleaded his discharge in bankruptcy. When the case was called, no motion was made for a continuance. The evidence offered by the defendants was admitted at the trial without objection, no charge to the jury…
1Opinion of the CourtJustice Clieeord
Courts of equity will not enjoin judgments at law, unless the complainant has an equitable defence to the cause of action of which he could not avail himself at law, because h did not-amount to a legal defence; or where he had a good defence at law, of which he was prevented from availing himself by fraud or accident, unmixed with negligence of himself or his agents. Hendrickson v. Hinckley, 17 How. 443.
Where á party has failed to make a proper defence through' negligence, a court of equity will not enjoin the judgment; but where it appears that such a defence has been prevented by fraud or…
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