L. Harvey & Sons Co. v. Rouse

When the plaintiff brought suit to foreclose the mortgage, the defendants bad every needful opportunity to make any defense against a decree. They declined to resist for the reason no doubt that, according to all the evidence, they bad no available defense at law or in equity. They neither filed an answer, nor denied the debt, nor excepted to the judgment. They are consequently estopped from setting up any defense which was open to them on the former trial. Tbe proposed evidence could then have been offered.

It is a familiar maxim that a man shall not be twice vexed for the same cause. If a…