Palmer v. Bethard

Citations

• 66 Ill. 529

Syllabus

<p>1. Chancery—relief against judgment at lam, where there was a legal defense. Before resort can be had to a court of equity against a judgment at law, there must not only be a good legal defense, but the party must have been deprived of it by accident, mistake or fraud, and without any negligence on his part.</p> <p>2. Where judgment was recovered against a party on a final settlement of partnership accounts four years after the alleged settlement, a court of equity will not set aside the judgment, upon his showing that he has subsequently discovered mistakes in the statement of the account which show the judgment to be unjust and inequitable, where he had free access to the books. In such a case he is guilty of gross laches and negligence in not making the discovery before the trial at law.</p>