52 Fla. 565 | Fla. | 1906
(after stating the facts) : The following principles of law are involved in this case and are well settled by the authorities: Where a party goes into chancery after a trial at law he must be able to impeach the justice and equity of the verdict, and it must be upon grounds which either could not be made available to him at law,.or which he was prevented from setting up by fraud, accident, or the wrongful act of the other party, without any negligence or other fault on his part.
A court of equity will not, on the application of the de-. fendant in a judgment at law, who has had a fair opportunity to be heard upon a defense over which the court pronouncing the judgment had full jurisdiction, set aside the judgment or enjoin its enforcement simply on the ground that it was unjust, irregular, or erroneous, or because the equity court would, in deciding the same case, have come to a different conclusion.
Equity will not relieve against a judgment at law on account of any ignorance, unskillfulness, or mistake of
A court of equity will not entertain a party seeking relief against a judgment at law in consequence of his default upon grounds which might have been successfully taken in the law court, unless some reason founded in fraud, accident, surprise, or some adventitious circumstances beyond the control of the party be shown why the defense at law was not made. To entitle a party to relief in equity against a judgment, on account of the loss of his defense, it must be shown that it was occasioned by the fraud or fault of the adverse party, or by his own mistake, unmixed with any negligence or fault of himself, hi® counsel or agents. 1 Black on Judgments (2d ed.) Secs. 366 to 387 and authorities there cited.
Legal proceedings will not be enjoined in equity upon grounds of which a party may avail himself in defence of the action at law. 1 Spelling on Injunctions & Extra. Rem. (2d ed.) Sec. 42 and citations; Lebanon Mut. Ins. Co.’s Appeal (Pa.) 1 Atl. Rep. 559. A bill in equity cannot be maintained to restrain by injunction the proceedings in another suit at law in the same or another court, between the same parties, where the relief sought may be obtained by a proper defence in such suit. Savage v. Allen, 54 N. Y. 458; Cohen v. L’Engle, 24 Fla. 542, 5 South. Rep.
The decree appealed from is affirmed at the cost of the appellants.