Massachusetts Bonding & Insurance v. Smith

(After stating the foregoing facts.) We are of the opinion that the court erred in overruling the demurrer based upon the ground of laches and negligence upon the part of the plaintiff in discovering the fraud which he alleges as an excuse for his failure to bring the suit to set aside the judgment of the ordinary, discharging the administrator, within the statutory period. Section 4358 of the Civil Code, relating to motions to set aside judgments and decrees and th'e time within. which such motions must be made, provides: "All proceedings of.every kind in any court of this State, to set…