Foote v. Despain

Citations

• 87 Ill. 28

Syllabus

<p>1. Chancery—new trial at law. The rule is well settled, that where a judgment has been obtained by fraud, accident or mistake, a court of equity has jurisdiction to grant a new trial at law, or otherwise relieve against the judgment, unless the defendant has been guilty of negligence.</p> <p>2. Where a plaintiffs attorney brings a case on for trial in the absence and without the knowledge of the defendant and his attorney, in violation of a written stipulation to give ten days’ previous notice of an intention to try the case, a court of equity will grant a new trial, if it appears the judgment is unjust, and this though relief may be had at law by modon to set aside the judgment.</p>