Melville Fuller

“ To this settlement Gorman, administrator, and one of the heirs of the estate, appeared and filed exceptions. These exceptions were sustained by the probate court January 29, 1900, and a balance of $991.28 found due from Featherstone as administrator, and he was ordered to pay the same over to Gorman, as the administrator in succession. From this order and judgment of the probate court, Featherstone and his sureties, E. Bonner and Coffey, took an appeal to the circuit court, which appeal was dismissed by that court at the March term, 1901, for some informality, as the state supreme court says. ”

“ The rulings of the court were that, 'under the code, a defendant cannot permit judgment to go against him upon a legal liability, and then enjoin the judgment in equity upon equitable grounds known before the judgment at law was rendered ”