Walker v. RobbinsAnnotate this Case
55 U.S. 584
U.S. Supreme Court
Walker v. Robbins, 55 U.S. 14 How. 584 584 (1852)
Walker v. Robbins
55 U.S. (14 How.) 584
A bill in chancery will not lie for the purpose of perpetually enjoining a judgment upon the ground that there was a false return in serving process upon one of the defendants. Redress must be sought in the court which gave the judgment or in an action against the marshal.
Moreover, the defendant in this case, by his actions, waived all benefit which he might have derived from the false return, and no defense was made on the trial at law impeaching the correctness of the cause of action sued on, and in such a case, resort cannot be had to equity to supply the omission.
The facts in the case are set forth in the opinion of the Court.
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