McGehee v. Gold

Citations

• 68 Ill. 215

Syllabus

<p>1. Chancery—relief against judgment. A court of equity will grant relief against a judgment which is against conscience, or the justice of which can be impeached by facts, or on grounds of which the party could not avail himself at law, or of which he was prevented from availing himself by fraud, accident, mistake, or the act of the opposite party, without any negligence or fraud on his own p'art.</p> <p>2. Where the bill showed that a judgment had been recovered against the complainant on a note which had been paid some twelve years before by the principal, the complainant being surety; that the defendant, plaintiff at law, falsely swore on the trial that it-had not been paid, and stated facts which showed a reasonable diligence on the part of the complainant to find evidence to prove the payment, which was without success, and showed the discovery of the proof since the rendition of the judgment: Held, that the bill was good on demurrer, and showed a case entitling the party to a decree enjoining the collection of the judgment.</p>