KIBBE v. BENSON


84 U.S. 624 (1873)

17 Wall. 624

KIBBE v. BENSON.

Supreme Court of United States.


Attorney(s) appearing for the Case

No counsel appeared for the appellant; Mr. H.S. Greene, for the appellee.


Mr. Justice HUNT delivered the opinion of the court.

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...

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