Morehead v. De Ford

Citations

• 6 W. Va. 316
• 1873 W. Va. LEXIS 39

Syllabus

<p>Syllabus.</p> <p>When a debtor, by way of compromise, confessed a judgment for a less sum, which was accepted in satisfaction of a larger one; and the debtor seeks relief in a Court of equity because be was entitled to. • a credit of which he was not aware, he should allege and prove that, though he used proper diligence, or such diligence would have been unavailing, he was by fraud, accident, mistake, or surprise prevented from ascertaining the fact or from making defence.</p> <p>When a Plaintiff in equity does not, in his bill, show a case for relief, whether any exception has been taken or not, an injunction gran' ted is properly dissolved on the hearing.</p>