Kibbe v. Benson
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of Illinois; the case being thus: A statute of Illinois, relating to actions of ejectment, adopted by the Federal court sitting in the Illinois district, makes the following provision relative to the service of thp writ: “If the premises are actually occupied the declaration shall be served by delivering a copy thereof with the notice above prescribed to the defendant named therein, who shall.be in the occupancy…
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Appeal from the Circuit Court for the Southern District of Illinois; the case being thus: A statute of Illinois, relating to actions of ejectment, adopted by the Federal court sitting in the Illinois district, makes the following provision relative to the service of thp writ: “If the premises are actually occupied the declaration shall be served by delivering a copy thereof with the notice above prescribed to the defendant named therein, who shall.be in the occupancy thereof, or by leaving the same with some white person of the family, of the age of ten years or upwards, at the dwelling-house…
1Opinion of the CourtJustice Hunt
The cases in which equity will interfere to relieve against a judgment at law, are reasonably well settled.
1st. It will not relieve against a judgment at law on the ground of its'being contrary to equity, unless the defendant was ignorant of the fact creating such equity pending the trial, or it could not have been received as a defence. *
2d. If the party could .have defended the suit, but allowed judgment to go by his own neglect, he cannot have relief in equity for a matter which he might have availed himself of at law. *
3d. If there be a defence, but the party could not avail himself of it…
2Cases cited3 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Norton v. WoodsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Graham v. StaggNew York Court of Chancery · 1831
3Cited by32 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Schneiderman v. United StatesSupreme Court of the United States · 1943
- United States v. NessSupreme Court of the United States · 1917
- Amy v. WatertownSupreme Court of the United States · 1889
- Wise v. HerzogCourt of Appeals for the D.C. Circuit · 1940
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