Beveridge v. Hewitt
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county ; the Hon. M. F. Tuley, Judge, presiding. The complainants, Peter H. Beveridge and Eugene G. Mc-Curdy, filed their bill in equity against Alfred B. Hewitt, Aaron Bliss and Frank T. Bliss, co-partners, under the name and style of Hewitt, Bliss & Co., and John Hoffman, sheriff of Cook county, praying that the collection of a certain judgment at law recovered by said Hewitt, Bliss & Co. against the complainants, be enjoined; that…
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Appeal from the Circuit Court of Cook county ; the Hon. M. F. Tuley, Judge, presiding. The complainants, Peter H. Beveridge and Eugene G. Mc-Curdy, filed their bill in equity against Alfred B. Hewitt, Aaron Bliss and Frank T. Bliss, co-partners, under the name and style of Hewitt, Bliss & Co., and John Hoffman, sheriff of Cook county, praying that the collection of a certain judgment at law recovered by said Hewitt, Bliss & Co. against the complainants, be enjoined; that said judgment be set aside, and a new trial at law awarded the complainants. The cause being heard on bill, answer,…
1Opinion of the CourtBailey, J.
The jurisdiction of a court of chancery, where a proper case for its exercise is made out, to set aside a judgment at law and award a new trial, though once a matter of serious controversy, is now7 conceded and fully established. But before such jurisdiction should be exercised, it should be made to appear that the complainant has a good and meritorious defense, and that, without fault or negligence on his part, he has been prevented from availing himself of it by accident, mistake or fraud. In Walker v. Kretsinger, 48 Ill. 502, the court say : “ The doctrine is well settled in equity, that…
2Cases cited4 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Tenney v. FooteIllinois Supreme Court · 1880
- In re GreenDistrict Court, W.D. Wisconsin · 1877
- Walker v. KretsingerIllinois Supreme Court · 1868
3Cited by19 opinions
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Sims v. RigginsSupreme Court of Alabama · 1917
- Lancaster v. Waukegan & Southwestern Railway Co.Illinois Supreme Court · 1890
- Anderson v. StateCourt of Appeals of Georgia · 1907
- David Dows, Jr. & Co. v. GlaspelNorth Dakota Supreme Court · 1894
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