Wallace v. Richmond
Supreme Court of Virginia
This was a bill filed in the Circuit court of Norfolk •county by George T. Wallace, to injoin a judgment which had been recovered against him by L.. V. Richmond, as assignee of E. Richmond.
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This was a bill filed in the Circuit court of Norfolk •county by George T. Wallace, to injoin a judgment which had been recovered against him by L.. V. Richmond, as assignee of E. Richmond. It appears that in September 1868 L. V. Richmond, assignee of E. Richmond, instituted an action of debt in the County court of Norfolk county against George T. Wallace, John Black and William Shannon, as late partners under the name and style of Black & Co., upon a note for $2,183.22, bearing date April 12th, 1865, and signed Black & Co. The process was served on Wallace, but Black and Shannon living in…
1Opinion of the CourtAnderson, J.
This is a bill in chancery to injoin a judgment at law. In general, any facts which prove it to be against *69conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or agents, will authorize a court of equity to interfere by injunction to restrain the adverse party from availing himself of such judgment. (2 Stor. Eq. Jur., § 887, and cases cited.) The author here declares the rule affirmatively, that the…
2Cases cited1 opinion
- Holland v. TrotterSupreme Court of Virginia · 1872
3Cited by11 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Dey v. MartinSupreme Court of Virginia · 1883
- Wray v. DavenportSupreme Court of Virginia · 1884
- Canada v. BarksdaleSupreme Court of Virginia · 1888
- Hoge v. Fidelity Loan & Trust Co.Supreme Court of Virginia · 1904
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