Duncan v. Ingles & Burr, 1 Ill. 277, 1 Breese 277 (1828)

Dec. 1828 · Illinois Supreme Court
1 Ill. 277, 1 Breese 277
Joseph Duncan, Appellant, v. Ingles and Burr, Appellees

Joseph Duncan, Appellant, v. Ingles and Burr, Appellees.

APPEAL FROM JACKSON.

If a defendant in a suit at law can not prove his defense, he should file a bill for a discovery, and if he has a legal defense and neglects to make it, equity will not relieve.

Blackwell, for appellant.

Cowles, for appellee.

Opinion of the Court by

Justice Lockwood.

This was a bill in chancery, filed by the complainant, to perpetually'enjoin a judgment obtained in the Jackson circuit court, in favor of the defendants, against the complainant. The bill states that the recovery was had on a judgment obtained in the state of Kentucky. The court, after a careful perusal of the bill, are clearly of opinion that the bill discloses no ground for the interference of a court of equity. If the complainant could not prove his defense, it was his duty to have filed a bill of discovery when the suit in Kentucky was pending against him. The law is well settled, if a party has a legal defense to a suit at law, and neglects to make it at the proper time, he is precluded from seeking relief in equity. Judgment affirmed with costs, (a) , (1)

Judgment affirmed.