Ames v. Snider

Citations

• 55 Ill. 498

Syllabus

<p>1. Chancery—setting aside a judgment at law—negligence of a party or of Ms attorney. A court of equity will take jurisdiction to set aside a judgment at law, when the facts clearly show it to be against conscience to execute the judgment, and of which the injured party could not have availed in a court of law, or of which he might have availed at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents.</p> <p>2. A judgment by default being rendered against a defendant in a suit at law, and damages assessed, he sought the aid of a court -of chancery to enjoin the judgment, on the allegation that on the inquest of damages the plaintiff was the only witness, and by his false and perjured testimony the verdict was found, when nothing was due, and alleging that a plea in abatement for a misnomer of the defendant had been prepared and sworn to, but, by neglect of his attorney, was not filed, by reason whereof the default was taken: Held, the inattention of counsel in neglecting to file the plea was no cause for the interference of a court of equity to enjoin a judgment obtained under such circumstances.</p> <p>3. Moreover, the defendant himself was guilty of such neglect as to deprive him of any ground of relief, because he had notice, after the default, that an inquest of damages would be had, and did not attend, to testify himself, as he might have done, or to cross examine the plaintiff and to ask instructions to the jury. As a general principle, a court of equity will not relieve against the neglect of the party in a suit at law, who has not made a proper defense, if he, knowingly, had a day in court.</p> <p>4. And it is not enough that a party asking the aid of a court of chancery to set aside a judgment, shall show that it is unjust, but he must show, if he could have had a fair trial at law, he would have had a verdict.</p> <p>5. So where the party seeking relief alleged that the verdict was obtained by means of