Whiteway Finance Co. v. Parker

GILLESPIE, Presiding Justice.

The decisive factual issue in this case is whether the evidence justified the trial court in finding that Whiteway Finance Company, Inc. (hereinafter Whiteway) obtained a default judgment against Oliver Parker and his wife through fraud. The principal legal question is whether a default judgment obtained through the fraud of the plaintiff may lawfully be set aside by the trial court at a subsequent term of court. On the factual issue we find the evidence ample. On the legal question we find the Court had the power to set aside a judgment obtained by fraud. The…