Miller v. Palmer
Mississippi Supreme Court
Appeal from the Chancery Court of Tippah Comity. Hon. A. E. Reynolds, Chancellor. The appellant, on July 20, 1870, filed his bill in chancery for a perpetual injunction against a judgment for $1,510.95, recovered against him by default, on March 11, 1861. The judgment was founded on a note given by Miller for lands purchased by him at a sale made by the appellee as administrator of the estate of John L. Walker, deceased.
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Appeal from the Chancery Court of Tippah Comity. Hon. A. E. Reynolds, Chancellor. The appellant, on July 20, 1870, filed his bill in chancery for a perpetual injunction against a judgment for $1,510.95, recovered against him by default, on March 11, 1861. The judgment was founded on a note given by Miller for lands purchased by him at a sale made by the appellee as administrator of the estate of John L. Walker, deceased. The sale was made in 1860, under an order of the Probate Court. The bill alleges, as a ground of equity, that on account of sundry defects in the proceedings of the Probate…
1Opinion of the CourtSimrall, C. J.
When will a court of equity relieve against a judgment at law ? A party will not be aided after trial at law unless he can impeach the justice of the verdict on • grounds of which he could not have availed himself at law, or was prevented from doing so by fraud, accident, or the act of the opposite party, unmixed with negligence or fault on his part. Insurance Co. v. Hodgson, 7 Cranch, 336; Smith v. McIver, 9 Wheat. 532; Le Guin v. Governor & Kimble, 1 Johns. Cas. 491.
One of the most elaborate cases in our books on this subject is Green v. Robinson, 5 How. 104. The principle stated is that,…
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