McWilliams v. Martin

ANDERSON, Chief Justice.

Bill in equity to set aside and cancel a judgment at law, valid on its face, because the complainant has a meritorious defense to same which she failed to present because of fraud, accident or mistake. It is essential to the equity of such a bill that the averments of same should show diligence on the complainant’s part and negative negligence as to the failure to present her defense in the law court.

It may be conceded that the bill sets up a good defense to the action at law, but it, in effect, shows that the failure to present same was due to the neglect or failure…