Walker v. Shreve

Citations

• 87 Ill. 474

Syllabus

<p>1. Chancery—relief against ¿judgment at law. The mere fact that a judgment by default in an action of trespass is for a sum much greater than it ought to have been is not, of itself, evidence of fraud on the part of the plaintiff, and the plaintiff in such judgment is not responsible for errors on the assessment of damages, so as to justify a court of equity in setting aside the judgment.</p> <p>2. It is not enough that a judgment at law is unjust to entitle the defendant to relief in equity, but it must also have been obtained without negligence on his part.</p> <p>3. Any fact which proves it to be against conscience to execute the judgment, of which the injured party could not have availed himself at law, or of which he might have availed himself, but was prevented by fraud, or accident, unmixed with fraud or negligence in himself or his agent, will authorize a court of equity to interfere by injunction to restrain the adverse party from availing himself of such judgment.</p> <p>4. The statement of a third party to a defendant in a suit, that he had arranged the matter with the plaintiff, is no sufficient excuse for not looking after the matter and making a defense at law, and a failure to make such defense, or to attend upon the assessment of damages after being notified of the taking of a default, is such inexcusable negligence as to prevent the interference of a court of equity.</p>