One of the last rights acquired by courts of equity, and the right most strenuously resisted by the common law courts, was that of interfering by injunctions in common law cases. Where a defendant is prevented by accident from setting up what would have been a good defense, equity will enjoin further proceedings to collect such judgment or set it aside and grant a new trial.7

5 Tollett vs. Tollett, 2 P. Wms., 489; Mitchell vs. Denson, 29 Ala., 327; 65 Am. Dec, 403.

6 Chapman vs. Gibson. 3 Brown Ch., 229.

The importance of this power has been diminished by the adoption by the common law courts of the custom of granting new trials, and in some states this equitable right has been abolished by statutes.

Gibbs vs. Marsh, 2 Met., 243.