Mallett v. Butcher

Citations

• 41 Ill. 382

Syllabus

<p>1. Jurisdiction nr chancery—when there was a defense at law which was not asserted—the general rule. The general doctrine is, that when a party has a defense to an action at law, known to him and he fails to make it, no court can relieve him.</p> <p>2. Same — exception as to judgments rendered on gambling contracts. But by statute all judgments rendered on gambling contracts are void, and may be set aside and vacated by any court of equity upon bill filed for that purpose, although the character of the contract could have been set up as a defense in the suit at law in which such judgment was rendered, and the party had knowledge of the defense and omitted to assert it.</p> <p>3. Former decision. The case of Abrams v. Camp, 3 Scam. 290, is overruled upon this question.</p>