Hair v. Lowe

To entitle a party to relief against a judgment at law, when Ms defence could have been made in a court of law, ho must show two things — first, that his failure to make defence was not attributable to his omission, neglect or default; and secondly, that his defence is good to the entire cause of action, or such part of it as he proposes by his bill to litigate. It is not enough, on the one hand, to show that the judgment is inequitable merely, but it. must be further shown that the failure to defend at law was unmixed with the mere neglect of the party seeking relief from a court of…