Weed v. Hunt
Supreme Court of Vermont
Appear in Chancery. Heard on demurrer to the bill at the March Term, 1902, Washington County, Stafford, Chancellor. Decree sustaining the demurrer, and dismissing the bill. The oratrix appealed. The opinion fully states the case. Equity will restrain proceedings at law, even after judgment, whenever, through fraud, mistake, accident, or want of discovery, one party in a suit obtains an unfair advantage over another.
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Appear in Chancery. Heard on demurrer to the bill at the March Term, 1902, Washington County, Stafford, Chancellor. Decree sustaining the demurrer, and dismissing the bill. The oratrix appealed. The opinion fully states the case. Equity will restrain proceedings at law, even after judgment, whenever, through fraud, mistake, accident, or want of discovery, one party in a suit obtains an unfair advantage over another. Bispham’s Eq. § 407; Norton v. Woods, 5 Paige Ch. 249, 251; Lord Baulconbe'rg v. Peirce, 1 Ambler, 210; Lansing v. Bddy, 1 Johns. Ch. 49; Viele v. Hoag, 24 Vt. 46. Oratrix’s…
1Opinion of the CourtRowell, C. J.
The defendant sued the oratrix in Connecticut, and garnisheed an insurance company there that owed her. Then the oratrix sued the insurance company here. Then the company brought a bill of interpleader here against both of them, and obtained an injunction against their prosecuting their suits against the company till further order. Hunt moved to dissolve that injunction, and the company’s solicitor, who was also- attorney for the oratrix in her suit here and in the Connecticut suit, was present at the hearing. The chancellor held the matter a few days, and then sent in an order dissolving the…
2Cases cited5 opinions
- Stoddard v. Van BussumNew Jersey Court of Chancery · 1898
- Fitch v. AmsdenSupreme Court of Vermont · 1897
- Dunshee v. ParmeleeSupreme Court of Vermont · 1847
- Hastings v. BeldenSupreme Court of Vermont · 1882
- Sleeper v. CrokerSupreme Court of Vermont · 1874
3Cited by5 opinions
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- City of Montpelier v. McMahonSupreme Court of Vermont · 1911
- Weed v. HuntSupreme Court of Vermont · 1908
- Weed v. HuntSupreme Court of Vermont · 1916
- Ludwig v. WalkerAppellate Division of the Supreme Court of the State of New York · 1910