Higgins v. Bullock

Citations

• 73 Ill. 205

Syllabus

<p>1. Admission—by motion to dissolve injunction. A motion to dissolve an injunction and dismiss the bill admits the averments of the bill to be true.</p> <p>2. Injunction—collection of judgment. Although a judgment at law may be unjust, yet, where a legal defense existed, and the defendant had an opportunity to make the same in the action at law, and by his own neglect failed to do so, he can obtain no relief in equity.</p> <p>3. A court of chancery has the undoubted power to afford relief in a proper case against a judgment at law, but it must appear that the parly complaining has been guilty of no negligence or laches, and has been prevented from interposing a defense through accident, fraud or mistake, without fault or blame on his part.</p> <p>4. Where a party, when served with summons, failed to make any defense, upon the promise of the sheriff not to return the same as served until he ascertained if it was not intended for a person of the same name, and then, if it was not so intended, to notify such party before returning the same as served on him, which he did not do, this was held no sufficient excuse for ' the party neglecting to interpose his defense.</p>