Bardonski v. Bardonski

Citations

• 144 Ill. 284
• 33 N.E. 39

Syllabus

<p>1. Chancery — relief against judgment at law. It is well settled that a court of equity will not interfere with the enforcement of. a judgment at law, unless the judgment debtor could not have availed himself of his defense at law, or was prevented from so doing by the fraud of the opposite party, or by accident or mistake unmixed with fault or negligence on his part.</p> <p>3. Where a party, when sued at law with another, relies solely on the promise of Iris co-defendant to take care of his interest and make a defense for both, and pays no retainer fee to his co-defendant, who is also an attorney at law, and nearly two years thereafter the suit is dismissed as to the co-defendant, and judgment entered by default against the other, who employs no one and takes no steps to present his legal defense, his negligence will be such as to preclude him from enjoining the collection of such judgment.</p> <p>3. Attorney’s negligence — is negligence of the client. The negligence of an attorney at law in failing to avail of a legal defense to an action at law, is the negligence of the client, and will preclude relief in equity, although the attorney may be insolvent.</p>