Ferguson v. Waters

OPINION of the Court, by

Judge Owsley.

— The plaintiff in error, alter a trial in an action brought by him against the defendant, recovered a judgment at law for about 16/. To obtain relief against the judgment the defendant in error exhibited his bill in equity, alleging as reasons for resorting ta a court of chancery, that owing to certain facts resting in the knowledge of the plaintiff only, he was unable to make full defence to the action at law ; and that being deceived by the representations ol the plaintiff’s attorney, he was surprised at the trial at law, and was not then prepared to…