Henry Billings Brown

“ Defendant's principal contention is that a court of equity has no jurisdiction of this case, not only because a bill will not lie to enjoin a person from setting up a defense in an action which may neve be brought, but that the plaintiff may avail hereself of the alleged estoppel in pais in any action at law she may choose to bring upon the California judgment. Bills in equity to enjoin actions at law are not infrequently brought by defendants in such actions to enable them to avail themselves of defenses which would not be valid at law. ”

“ Where equity can give relief, plaintiff ought not to be compelled to speculate upon the chance of his obtaining relief at law.
4. If jurisdiction be conceded, there can be no doubt that the court made a proper disposition of the case upon the facts. Davis procured the dismissal of Wakelee's specifications of opposition to his discharge upon the ground that he had a valid judgment against him, which was still in full force, and, under the law, would be unaffected by his discharge. ”

“ Ct. 981, that a discharge in bankruptcy might be set up to stay the execution of a judgment recovered against a bankrupt after the commencement of proceedings in bankruptcy and before the discharge. But, even if Davis had been mistaken as to his legal rights with respect to this judgment and its subsequent discharge, his assertion that it was still of record and in full force is none the less binding upon him, in view of Wakelee's acquiescence in the ruling of the court sustaining this contention. ”

“ Howard, 13 How. 307, where a corporation sought to defend against an instrument by showing that the corporate seal was affixed thereto without authority, and that it was not sealed or unsealed, intended to be the deed of the corporation, evidence was held to be admissible to show that, in a former suit, the corporation had treated and relied upon the instrument as one bearing the corporate seal. ”

“ Davis v. Wakelee
Motion was made to dismiss the appeal in this case, upon the grounds (1) that the appearance of Mr. Henry A. Root as counsel for the appellant herein, which was entered at the time the case was docketed, was unauthorized by him, and made without his knowledge; and (2) that the appeal bond is defective in failing to state the term at which the decree of the circuit court was rendered.
1. So far as the first ground is concerned, it appears that Mr. Root, then residing in the city of New York, was solicitor for the defendant in the court below ”