Quinn v. Wetherbee

Citations

• 41 Cal. 247

Syllabus

<p>Belief in Equity Against Judgments at Law.—Courts of equity will not grant relief against judgments recovered at law, unless the party asking for relief was unable to avail himself of his defense in the action at law, or was prevented from doing so by fraud, accident, or mistake, without negligence on his part.</p> <p>Idem.—When an attorney for defendant, on the trial of a cause, objects to the introduction of certain testimony, and the Court erroneously overrules the objection, and an exception is taken to the ruling, and by reason of said erroneous ruling the plaintiff recovers judgment, and the testimony is taken down by the official reporter, who fails to note the objection and exception, and the defendant moves for a new trial, and adopts as his statement the report of the official reporter, without observing the error in the report, and by means thereof fails to obtain a new trial, the mistake has been accompanied by such negligence of defendant’s attorney that a Court of equity will not relieve against the judgment.</p>