Watson v. Palmer
Supreme Court of Arkansas
This was a bill in chancery, determined in the Jefferson circuit court, in April, 1844, before the Hon. Isaac-Baker, one of the circuit judges.
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This was a bill in chancery, determined in the Jefferson circuit court, in April, 1844, before the Hon. Isaac-Baker, one of the circuit judges. Henry L. Allen brought his bill against Rowan Watson, Giles and George W. Babcock, alleging in substance that Watson^ as the assignee of the Babcocks, had in said court recovered against Allen, in an action against him and one Barnes, a judgment by default for $736 61. That the action was assumpsit founded on a promisory note, purporting to have been executed by “Barnes & Allen” for $551 71 in favor of the Babcocks, and by them assigned to Watson That…
1Opinion of the Court
By the Court,
Lacy, J.
It is perfectly clear that equity will relieve from a judgment at law, where a party was prevented from making his defence by an unavoidable necessity occasioned by no fault on his part. The authorities cited in the brief are conclusive on this point; and they are in strict conformity to the principles of reason and justice; and courts of equity would indeed be deprived of a large and important portion of their jurisdiction, if they could not grant relief in such cases. A party, to entitle himself to their interposition, must show that he has been guilty of no laches or…
2Cases cited2 opinions
- Knickerbacker v. HarrisNew York Court of Chancery · 1828
- Hunt v. FormanCourt of Appeals of Kentucky · 1834
3Cited by8 opinions
- Chapman v. ChapmanSupreme Court of Virginia · 1895
- Hanover National Bank v. KleinMississippi Supreme Court · 1886
- Biscoe v. CoulterSupreme Court of Arkansas · 1857
- Jamison v. MaySupreme Court of Arkansas · 1853
- Preston v. DanielsSupreme Court of Iowa · 1850
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