United States v. Gleeson
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decision of the circuit court, Eastern district of New York, sustaining the demurrer of defendant to the bill of complaint. 78 Eed. 396. The suit is brought by the government, in equity, to procure a decree vacating the certificate of naturalization issued to the defendant by the superior court of the city of New York May 24, 1867, on the ground…
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Appeal from the Circuit Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decision of the circuit court, Eastern district of New York, sustaining the demurrer of defendant to the bill of complaint. 78 Eed. 396. The suit is brought by the government, in equity, to procure a decree vacating the certificate of naturalization issued to the defendant by the superior court of the city of New York May 24, 1867, on the ground that the same was procured through false and fraudulent representations, statements, or declarations then made by said…
1Opinion of the Court
LACOMBE, Circuit Judge.
We have here a suit, the object of which is to vacate, set aside, and annul a judgment of a court having jurisdiction to make such judgment, on the sole ground that defendant induced such court to make such judgment by his own false and perjured testimony. It would seem to be within the.rule laid down in U. S. v. Throckmorton, 98 U. S. 66, viz. that a “court will not set aside a judgment because it was founded on a fraudulent instrument or perjured evidence, or for any matter which was actually presented and considered in the judgment assailed.” This case is cited with…
2Cases cited7 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Marshall v. HolmesSupreme Court of the United States · 1891
- Bailey v. SundbergCourt of Appeals for the Second Circuit · 1892
- Graver v. FaurotCourt of Appeals for the Seventh Circuit · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- United States v. KuscheDistrict Court, S.D. California · 1944
- United States v. SpohrerDistrict Court, D. New Jersey · 1910
18 more not listed; retrieve them via the Exa API.