 ... any fact which clearly proves it to be against conscience 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 at law, but was prevented by fraud or accident,...  The Pacific Reporter - Page 2151917Full view - About this book
 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1816 - 684 pages
...contended that the Plaintiffs have not made out a case which entitles them to the aid of a Court of equity. Without attempting to draw any precise line to which...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 at law, but was prevented... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...seeking relief. Thus in the Marine Insurance Company v. Hodgson, 7 Cranch, 332, CJ Marshall says, " without attempting to draw any precise line, to which...at law; it may safely be said, that any fact which VOL. iv. 16 1826. clearly proves it to be against conscience, to execute a judgFebruary. ment, and... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1846 - 620 pages
...United States. In the Marine Insurance Co. v. Hodgson, 7 Cranck, 336, chief justice Marshall said, Without attempting to draw any precise line to which...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 at law but was prevented... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - Law reports, digests, etc - 1839 - 570 pages
...Hodgson, 7 Cranch, 332. There chief justice Marshall, in delivering the opinion of the court, says : " without attempting to draw any precise line to which...at law, it may safely be said, that any fact which Dilly and Heckrotte vs. Barnard.— 1836. clearly proves it to be against conscience to execute a judgment,... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...as stated by Chief Justice MarCox v. Westcont. shall, in Marine Ins. Co. v. Hodgson, 7 Cranch 335, "Any fact which clearly proves it to be against conscience...judgment, and of which the injured party could not have availed himself in a court of law, will justify an application to a court of chancery." Cairo and Fulton... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1877 - 748 pages
...part ; or, as it is stated by 'Chief Justice Marshall, in Marine Ins. Co. v. Hodgson, 7 Cranch 335, " any fact which clearly proves it to be against conscience...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 at law, but was prevented... | |
 | David Graham (Jr.) - New trials - 1834 - 712 pages
...of the defendant in equity, and, as the complainants alleged, most unjustly. Marshall, Ch. J. — " Without attempting to draw any precise line to which...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 at law, but was prevented... | |
 | Wisconsin. Supreme Court, Thomas Pendleton Burnett - Law reports, digests, etc - 1844 - 252 pages
...underwriters were induced to agree to a high valuation, and thereby defrauded, Marshall CJ says, wiihout attempting to draw any precise line to which courts...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 at law, but was prevented... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 624 pages
...United States. In the Marine Insurance Co. v. Hodgson, 7 Crunch, 3oG, chief justice Marshall said, Without attempting to draw any precise line to which...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 at law but was prevented... | |
 | James Philemon Holcombe - Equity - 1846 - 376 pages
...laid down in 7 Cranch, 332, that a Court of Chancery will interpose where any fact is shown, prov. ing it to be against conscience to execute a judgment, and of which the injured party could not avail himself, in a Court of Law, or of which he could have availed himself, but was prevented by fraud,... | |
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