Canada v. Barksdale

Citations

• 84 Va. 742
• 6 S.E. 10
• 1888 Va. LEXIS 138

Syllabus

<p>1. Equitable Jurisdiction and Relief—Judgment at law— To entitle one to relief in equity against judgment at law, it is not sufficient that injustice has been done him, but he must have been guilty of no laches, and has done everything required of him- to render effectual his defence at law. Dey v. Martin, 78 Va., 1.</p> <p>2. Idem—Award—Injunction—Res judicata.—Where matters in litigation were submitted to arbitration, and award was in favor of plaintiff, judgment was entered thereon and fi. fa. thereon issued and returned “no property.” In a suit to subject debtor’s land, this judgment was listed and reported as a lien. Debtor filed his bill to enjoin sale, the matters therein set up being the same embraced in the submission to arbitration :</p> <p>Held :</p> <p>Those matters are res judicata.</p>