
    Degraffenreid v. Donald & Co.
    Saturday, September 19, 1807.
    Equitable Reliel — Accident—Costs.—A complainant whose remedy was complete at common law, but who by accident was prevented from malting it there, may be relieved against the judgment, but ought to pay the costs in Chancery.
    The complainant, in this case, claimed in his bill of injunction certain discounts against a judgment at law ; stating that he had failed to defend the suit, (which otherwise he might have opposed successfully,) in consequence of his attorney’s sickness, and his own absence from the commonwealth. The last mentioned allegations were neither admitted nor denied in the answer. On the final hearing he was relieved against part of the judgment; and a question then arose concerning the costs.
    
      
      Equitable Relief — Accident.—Courts of equity always grant reliel, when it is shown that the reason why the defence was not made, was founded on fraud, accident, surprise, or some adventitious circumstance beyond the control of the party. Holland v. Trotter. 22 Gratt. 141. and note, citing Mason v. Nelson, 11 Leigh 227; Mosby v. Haskins. 4Hen. & At. 437: fíe'iraffenreid'i'. Donahl. 2 líen, d: it. 10. To the same effect, the principal case is cited in Knapp v. Snyder. 15 W. Va. 441.
    
    
      
      Costs. — See monographic note on ' Costs’’ appended to Jones v. Tatum, 19 Gratt. 720.
    
     