15 W. Va. 434 | W. Va. | 1879
delivered the opinion of the Court:
The first question presented is : Under the pleadings and proofs in this cause, was the plaintiff entitled to relief in equity V It is well settled, that a court of chancery will not entertain a party seeking relief against a
Where a defendant, who had an adequate remedy at law has been prevented from resorting to it by a fraudulent representation or promise by the plaintiff, he ought to be relieved in equity. Poindexter v. Waddy, supra. There is sufficient-in one part of the bill to show clear ground for equitable interference. The bill charges that the plaintiff in the suit at law told the said Knapp, the plaintiff in this cause and defendant in the law court, “that he did not intend to collect anything off him;
He proves the allegation of his bill as to the assurance given him by the plaintiff in the suit at law, and that he need not employ counsel; but the answer alleges that he appeared in the court at law, and pleaded to issue ; and there is' no allegation in the bill or proof in the cause, that such appearance was unauthorized, was mistaken, or fraudulent. If such proof had been in the cause, it might, and perhaps would, have been the duty of the court upon its own motion to permit him to
For the foregoing reasons the decree of the circuit court is affirmed, with costs and $30.00 damages.
Decree Appirmed.