Engle v. McNeill
Engle v. McNeill
Opinion of the Court
delivered the opinion of the Court:
This appeal is from a decree dismissing a bill for injunction to restrain the enforcement of a judgment.
Appellee, Robert H. McNeill, secured a verdict and judgment against appellant, George S. Engle, in an action at law. An appeal was taken to this court, which was dismissed for failure to file a bill of exceptions and transcript of record within the time allowed by the rules of the supreme court of the District of Columbia. When the mandate of this court went down, this action was commenced.
The bill rests upon the bare averment that defendant procured a judgment against plaintiff, “which judgment the plaintiff alleges is fraudulent.” There are no averments of fact from which fraud could be inferred, nor is it even alleged that the judgment was procured by fraud. The bill indefinitely intimates that the defense of the- Statute of Frauds was relied upon in the action at law. If so, it was a defense equally as available at law as in equity. If proper evidence was refused admission, or improper evidence was admitted in the trial, it merely constituted error, which could be corrected by appeal, in all of which plaintiff has had his day in court.
The decree is affirmed, with costs. Affirmed.
A motion for reargument was denied February 15, 1919.
Reference
- Full Case Name
- ENGLE v. McNEILL
- Status
- Published
- Syllabus
- Injunction; Adequate Remedy at Law. An injunction to restrain the enforcement of a judgment at law upon the ground that it is fraudulent will not be granted, where there is a.n adequate remedy at law. (Citing Hess v. Horton, 2 App. 1). C. 81.)