Legal Opinion

Vennum v. Davis

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 13 opinions

Wbit of Ebbob to the Superior Court of Chicago; Hon. John H. Wilson, Judge, presiding. This was a bill in chancery in the Superior Court in the city of Chicago, brought by the plaintiff here against the defendants, praying that a certain sale of lands be set aside and the judgment obtained against complainant be declared void, and that the defendants, Davis, Moody The facts on which the bill was based are substantially these: In 1856, William Vennum and George King, two of…

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Wbit of Ebbob to the Superior Court of Chicago; Hon. John H. Wilson, Judge, presiding. This was a bill in chancery in the Superior Court in the city of Chicago, brought by the plaintiff here against the defendants, praying that a certain sale of lands be set aside and the judgment obtained against complainant be declared void, and that the defendants, Davis, Moody The facts on which the bill was based are substantially these: In 1856, William Vennum and George King, two of the defendants, were partners in the mercantile business, in a small way, in the town of Milford, in the county of…

1Opinion of the CourtJustice Breese

On the assignment of errors the plaintiff in error makes the following points : First. A party sued at law, having a defense of which he does not know, or of which he cannot avail himself at law, either for the reason that it is purely equitable in its nature, or because by the rules of law he cannot avail himself of it, may enjoin the judgment by bill in equity.

In support of this proposition many authorities are cited, all of which we have looked into, and find the doctrine to be as stated.

As a general rule, if a party against whom an action is brought has a legal defense, he must avail…

2Cases cited3 opinions

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  2. Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
  3. King v. HainesIllinois Supreme Court · 1860

3Cited by13 opinions

  1. Harding v. HawkinsIllinois Supreme Court · 1892
  2. Hitt v. CarrIndiana Court of Appeals · 1921
  3. Chicago & Eastern Illinois Railroad v. HayIllinois Supreme Court · 1887
  4. Robson v. DoyleIllinois Supreme Court · 1901
  5. Gregg v. BrowerIllinois Supreme Court · 1873

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