Hoey v. Jackson

Citations

• 31 Fla. 541

Syllabus

<p>1. Eraud, accident and mistake are principal grounds upon which courts of equity act in granting relief against legal proceed-, ings, and in relieving parties against judgments at law ; but, the party asking relief in such cases must show that -be could not avail himself of such defense at law ; or, if such defense could have beep made there, he was deprived of a,n opportunity of presenting the same without fault on his part, by the fraud or circumvention of the opposite party.</p> <p>2. Where a party has been regularly served with process, in a cause, and neglects to. appeqr and defend the suit, but suffers judgment to be taken by default, and he has not been prevented from making a defense by fraud or accident, unmixed with negligence on- his part, a court of equity will not afford him any relief against the judgment.</p>