Kern v. Strausberger

Citations

• 71 Ill. 413

Syllabus

<p>Chancery—will not afford relief against a judgment at law obtained through the negligence of defendant. A bill in chancer}--, filed for relief against a judgment at law, alleged that, when the summons in the suit at law was served on the complainant, he at once employed a reputable attorney, but. who was pecuniarily irresponsible, and exhibited to him a receipt against the claim upon which the suit at law was brought; that the attorney told him the receipt was a good defense to the action, and that he, the attorney, would attend to it, and that complainant need not give himself any further trouble about it, and that complainant heard no more of the suit until the execution was served upon him. The bill also showed a complete defense to the suit, at law: Meld, that the negligence of the attorney was the negligence of the party, and that he was guilty of such laches that he could not invoke the aid of a court of equity to relieve him against the judgment.</p>