delivered the opinion of the court.
Modern Woodmen of America v. Binder, 211 Ill. App. 659 (1918)
July 25, 1918
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Illinois Appellate Court
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Gen. No. 6,582
211 Ill. App. 659
Modern Woodmen of America, Appellee, v. Julia A. Binder, Appellant.
Gen. No. 6,582.
(Not to The reported in full.)
Abstract of the Decision.
1. Judgment, § 321 * - — when enforcement of enjoined. Equity will enjoin the enforcement of a judgment at law which is the result of an accident or mistake.
2. Judgment, § 311* — when enforcement of not enjoined. Equity will not enjoin the collection of a judgment at law if the complaining party had opportunity to make his defense at law and neglected to do so.
3. Judgment, § 321* — when in action on insurance policy deemed, procured hy mistalee. Where an insurance company, defendant in an action on a life insurance policy by the beneficiary, the wife of the insured, based upon the presumptive death of the insured because of his absence for more than 7 years without having been *660heard from or of, made inquiries of the wife and also other inquiries, and made every effort in its power to ascertain whether the insured was alive before the time of trial but failed, the judgment will be treated as the result of an accident, upon it being later accidentally ascertained that the insured is still alive, and equity will enjoin the enforcement of the judgment.
*659Appeal from the Circuit Court of Kane county; the Hon. Mazzini Slusser, Judge, presiding. Heard in this court at the April term, 1918.
Affirmed.
Opinion filed July 25, 1918.
Statement of the Case.
Bill by Modem Woodmen of America, complainant, against Julia A. Binder, defendant, to enjoin the collection of a judgment obtained by defendant against complainant. From a decree for complainant, defendant appeals.
Murphy, Lyon & Johnson, for appellant.
Truman Plantz, George G. Perrin and Charles L. Abbott, for appellee.